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Issues involved: Violation of provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 during search and seizure.
Summary: 1. The search and seizure took place in the evening after sunset, leading to a contention of violation of Sections 41(2), 42(1), and Section 50 of the Act. Reference was made to a previous court decision emphasizing the need for adherence to the Act's provisions in cases of search and arrest without prior information. 2. The search in this case was conducted after the accused persons' suspicious behavior prompted the police to enter the house. The search, seizure, and arrest were accidental, without prior information. The officer failed to follow the Act's requirements, such as recording the grounds of belief, informing the person to be searched of their rights, and forwarding necessary documentation to superiors, as mandated by Sections 42(1), 42(2), and 50 of the Act. The mandatory nature of Sections 52 and 57 of the Act was highlighted, and the lack of adherence to these requirements led to the accused being entitled to acquittal. Judgment: The appeal was allowed, the conviction and sentence were set aside, and the appellant-accused was acquitted of all charges, with immediate release unless required for another matter.
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