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Indian Laws - Highlights / Catch Notes

Home Highlights December 2024 Year 2024 This

SC held that non-compliance with Sec 52A of Narcotic Drugs and ...


Non-compliance with early disposal of seized contraband can't lead to bail/acquittal if seizure lawful. Presumption applies until rebutted.

December 26, 2024

Case Laws     Indian Laws     SC

SC held that non-compliance with Sec 52A of Narcotic Drugs and Psychotropic Substances Act for early disposal of seized contraband cannot entitle accused to bail or acquittal if sufficient material establishes lawful search and seizure. Statutory presumption under Sec 54 applies unless rebutted. Illegality in investigation doesn't render evidence inadmissible. Manner of discovery immaterial if factum proved. SC set aside HC order granting bail solely for delayed Sec 52A compliance, remanded matter for fresh consideration on merits.

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