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DELHI HIGH COURT
VIBHU BAKHRU
Santini Simone – Appellant
Versus
Department of Customs – Respondent
| Table of Content |
|---|
| 1. conviction of the appellant under ndps act. (Para 1 , 2 , 3 , 4 , 5) |
| 2. process of seizure and evidence collection by customs. (Para 10 , 11 , 12 , 13 , 14) |
| 3. challenge to legitimacy of the search and procedural flaws. (Para 28 , 29 , 30) |
| 4. analysis of compliance with legal standards under section 42. (Para 39 , 40 , 41 , 42 , 43) |
| 5. failure to prove chain of custody and compliance regarding sample collection. (Para 91 , 92 , 93 , 94 , 95 , 96 , 97 , 98 , 99 , 100) |
| 6. acquittal of the appellant based on insufficient evidence. (Para 107 , 108) |
JUDGMENT
Vibhu Bakhru, J. The appellant has filed the present appeal impugning a judgment dated 14.09.2017, whereby the Special Court convicted the appellant of an offence punishable under Section 20 (b)(ii)(C) of the Narcotics and Psychotropic Substances Act, 1985 (hereafter `NDPS Act') on account of being found in possession of 4.235 kgs of charas. The appellant was also held guilty of committing an offence under Section 23 (c) of the NDPS Act, for attempting to export the illicit substance. By an order dated 21.09.2017, which is also impugned in this appeal, the appellant was sentenced to undergo rigorous imprisonment for a
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