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MAVAIZ KHAN versus STATE


Section 9 (c) Criminal Code of Conduct (v. 1898), Section 103 accused were handcuffed in large quantities with drugs Evidence of recovery was consistent and reliable. Contradictions in the said evidence were trivial and police officers were not competent witnesses. ? And they had no prejudice against the accused. In the recovery proceedings, the absence of public witnesses was not fatal in the prosecution case, as they were usually reluctant to present themselves as witnesses in such cases. Otherwise, section 103, CR PC was specifically excluded. Section 25 of the Control of Narcotic Material Stances Act 1997, secret information was disclosed about the raiding party at the railway station and because there was no time to arrange a search warrant, the authorized officer carried out the raid with no warrant. Properly prosecuted, the defense's request was considered, and the small amount sent as a sample of the chemical analysis was not fatal to the prosecution's case, especially in the absence of a charge that the drug Such quantity was not taken from the recovered quantity and in the circumstances the punishment of the accused was maintained.

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