TMI Blog2003 (7) TMI 726X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Narcotic Drugs and Psychotropic Substances Act, 1985 (the Act) before the Court of Additional Sessions Judge, Ahmedabad in Sessions Case No. 53 of the 1993. Learned Sessions Judge after trial came to the conclusion that the prosecution has failed to establish its case against Accused 3 and 4 and, hence, acquitted them while it found the case against Accused 1 and 2 who are the appellants bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act, non-compliance with which has vitiated the search and seizure made from the accused persons, therefore, the appellants are entitled to acquittal. She also contended that the prosecution case has not been supported by any of the independent witnesses. Therefore, the Courts below ought not to have based a conviction on the basis of police witnesses only. 3. She alternatively contended t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused persons were charged-sheeted. The contention of the learned Counsel for the Appellant is that under Section 42 of the Act, it is mandatory for the officer who received the information to reduce the same into writing and to inform his superior officers which the learned Counsel submits in this case has not been done. She also contends that the search conducted by the said officer is oppose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we notice that so far as Accused 1, Appellant 1 herein is concerned, the contraband in question has been seized from his possession and, in our opinion, the prosecution has established the case against the said accused and the Courts below have rightly convicted the said Appellant, whereas in regard to Appellant 2, it is the prosecution case itself that he was traveling in the auto rickshaw, alon ..... X X X X Extracts X X X X X X X X Extracts X X X X
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