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Sahdev vs. State of Rajasthan

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Narcotic Drugs & Psychotropic Substances Act, 1985–Secs. 8/15 & 8/29–Framing of charge Justification–Allegation upto effect that the petitioner was escorting the truck in a Bolero Vehicle and truck was carrying the contraband poppy husk–Investigation agency failed to collect the details regarding the transist of the Bolero Vehicle–Nothing in seizure memo and statements of seizure officer to show that the petitioner was escort of truck–Allegations are based on the statements of co-accuseds u/s. 161 which are inadmissible in view of provisions of Secs. 25 & 26 of Evidence Act–Held, impugned charge are liable to be quashed.