relevancy of facts forming part of the same transaction, ...

Procedural lapses undermine drug convictions: Time gap, lack of continuity invalidate search; non-compliance with recording requirements.

Case Laws     Indian Laws

September 12, 2024

relevancy of facts forming part of the same transaction, compliance with Section 42 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985, and the application of Section 67 of the NDPS Act. The court held that the search conducted at the residence did not fulfill the requirements of the test laid down for "acts forming part of the same transaction" due to the time gap and lack of continuity. Regarding Section 42, the court emphasized the obligation to record information received or grounds of belief before a search or raid, and non-compliance with this provision can lead to acquittal. Section 67 is at an antecedent stage to the investigation and is not a confessional statement admissible in trial against the accused. Ultimately, the appeals were allowed, setting aside the convictions and acquitting the appellants due to non-compliance with statutory safeguards and granting the benefit of doubt.

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