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2023 Supreme(Online)(SC) 13991

M. M. SUNDRESH, A.S. BOPANNA, JJ
MANGILAL – Appellant
Versus
THE STATE OF MADHYA PRADESH – Respondent


Advocates:
For the Appellant:
For the Respondent:

Table of Content
1. conviction under the ndps act due to improper procedure and unreliable witnesses. (Para 1 , 2 , 3)
2. statutory compliance for disposal of seized narcotics is mandatory. (Para 4 , 5 , 6)

JUDGEMENT

    Signature Not Verified the information in the Daily Diary and without wasting time on the procedural compliance, the police force stopped a tractor in which bags containing the contraband were seized. The accused were told about the search upon due compliance of Section 50 of the NDPS Act. A panchnama was written at the place of occurrence. Samples were taken while the accused were informed about the reason for the arrest.

3. Of these witnesses, the public witnesses, namely, P.W.2, P.W.3, P.W.4 and P.W.6 turned hostile. Among them P.W.2 & P.W.6 were panch witnesses. These two witnesses signed majority of the exhibits. P.W.5 though not declared hostile has deposed in clear term that the narcotic substance was in existence at the police station even before the alleged occurrence. This part of the testimony has not been questioned by the prosecution. Both the Courts placed reliance upon the FSL Report along with the police witnesses in rendering convic



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