K.Kumaresan & Ors. Vs. State, rep, by the Inspector of Police, T-15, SRMC Police Station, Porur. [2023 (1) L.W. (Crl.) 904)
[2023 (1) L.W. (Crl.) 904)
Date of Judgment:
18.05.2023
📌Narcotic Drugs Seizure Mandatory Provisions to be compiled Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c) r/w. 22, 28, 29, 42. 50 Pw1-Sub Inspector had proceeded to the spot without written permission of his superior Failure to record the reason to believe the information, illegality in causing common notice under section 50 and failure to explain the chain of custody regarding the contraband seized Contraband seized on 17.12.2018 reached the court only on 24.12.2018 presence of crime number in the packets containing the contraband alleged to have been sealed and labeled at the spot at about nearly 4 hours prior to registration of FIR Recovery mahazar does not contain the signature of the accused to prove that they were recovered from the possession of the accused Recovery mahazar does not have the facsimile of the seal alleged to have affixed by pw1 and recovery was after the notice under section 50-Held: common notice to all the accused is bad in law and will vitiate trial being a violation of mandatory condition.