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Head Note

Narcotic Drugs and Psychotropic Substances Act, 1985  - Section 15 , Section 20

Conviction set aside - Search and Seizure - Recovery of three bags of poppy husk weighing 120 Kgs. - Vehicle driven by appellant searched and the contraband was seized from the vehicle and not from person of appellant, compliance with Section 50 of the Act was not required - Prosecution ought to have endeavoured to prove whether the appellant had some nexus with the seized vehicle - Prosecution has not adduced any evidence either by examining the neighbours or others to bring home the point that the appellant was the owner or possessor of the vehicle - When the independent witnesses PW1 and DW2 have not supported the prosecution case and the recovery of the contraband has not been satisfactorily proved, the conviction of the appellant under Section 15 of the NDPS Act cannot be sustained.

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