Code of Criminal Procedure, 1973–Sec. 389 [Corresponding Sec. 430 of BNSS, 2023]–Narcotic Drugs & Psychotropic Substances Act, 1985–Sec. 8/22–There is not even a semblance of documentary material on record to demonstrate that PW 2 was either posted as the SHO or was lawfully entrusted with the charge of the police station–The search and seizure having been conducted by an incompetent person, the recovery stands irreparably vitiated in the eyes of law and cannot be pressed into service against the accused–Application u/s. 389 deserves to be allowed.
