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Premchand vs. State of Rajasthan

52.00 5.20

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Narcotic Drugs & Psychotropic Substances Act, 1985–Sec. 8/15–Conviction–Sustainability–Flagrant violation of the mandate of provisions of Sec. 52A–The entire exercise of search, seizure, and taking out of samples was made at the spot at the time of search and without ensuring the presence of Magistrate while allowing to draw representative samples–Only the police officials who are party to the search, are witnesses of search and seizure–Delay in sending the samples to FSL–Conviction cannot be sustained.