Narcotic Drugs and Psychotropic Substances Act, 1985–Secs. 8, 20 & 23–Conviction–Sustainability–Contraband was detected before obtaining the consent of the accused to be searched in the presence of a Gazetted Officer or a Magistrate–After the consent letter was allegedly signed by the accused, only the sampling was done–The mandatory stipulation for search and seizure as per the NDPS Act was not carried out in its true letter and spirit–Absence of endorsement of the entry of the accused into Indian territory raises reasonable doubt–The consent letter does not indicate the signature of any of the personnals of the SSB or the police who were at the spit –Presence of pet dog has not been mentioned in the Mahazar–Held, the prosecution failed to establish the case beyond the reasonable doubt–Conviction cannot be sustained.
