Ss. 9(b) and 48–Prohibition (Enforcement of Hadd) Order, 1979, S. 4–Criminal Procedure Code, 1898, S. 103–Recovery of Narcotics–Offence of–Conviction for–Appeal against–Investigating Officer had prior information that appellant was busy in sale of narcotics, he should have tried to procure presence of two respectable persons of locality so as to ensure reliable search–Object of associating public witnesses with recovery process is to obviate possibility of false implication–Provisions of S. 103 Cr.P.C. is mandatory in nature–If reasons for non-compliance of said section are not furnished, such recovery cannot be relied upon–Prosecution has patently failed to prove recovery of narcotics–Conviction set aside–Appeal accepted
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