Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Recovery of 7.2 kg opium - Bulk quantities of contraband not exhibited to witnesses at the time of adducing evidence - Prosecution story rightly disbelieved - Acquittal by High Court calls for no interference...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Recovery of 7.2 kg opium - Non-production of bulk quantity of opium - Would create a doubt in the mind of Court on genuineness of samples drawn - Simple argument that same had been destroyed cannot be accepted, as it is not clear that on what authority it was done - Neither application for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 8, 18, 29 -- Confession - Recovery of 7.2 kg opium - Confessional statement of accused recorded while he was in custody and time was not mentioned on statements - Said fact is corroborated by Narcotic Officer and PW6 - Statement of accused confessing crime was thus, not voluntarily made and hence not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 14 kg Ganja - Non-commercial quantity - Bail granted as accused is not involved in any other case - Accused shall not in any way indulge in any criminal activities and he shall also not influence witnesses or otherwise interfere with the fair trial...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4) -- Recovery of 4.5 kg charas - Lady accused - Search and seizure - Police party was headed by SHO and lady constable - Lady constable searched both lady accused under direction and supervision of SHO - It is thus, treated that accused were searched by empowering authority - Contention of accused that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 4.5 kg charas - Search and seizure - Chance recovery - Recovery effected from possession of accused in routine and normal checking and not on prior information - Compliance of S.50(1) of the Act not required...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Recovery of 4.5 kg charas - Search and seizure - Information was immediately sent to higher officers by complainant on arrest of accused and also written for providing information about arrest of accused to her family members - Factum of recovery from accused proved on record by PWs - PW5 proved FIR..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Release of vehicle - Vehicle seized for allegedly carrying contraband - Denial of relief on ground that after conviction of petitioner, vehicle is liable to be confiscated - Held, solely for the reason that vehicle is likely to be confiscated after trial,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 75 gms opium - Non-weighing of contraband - Record reveals that 75 gms opium is alleged to have been found from accused but no mention is made as to how same was assessed to be 75 gms as no weighing machine is recorded to have been called for - Nor quantity of sample of contraband is recorded -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 75 gms opium - Search and seizure - Chance recovery - Recovery effected from accused all of a sudden - It was thus, a chance recovery - Provision of S.50 of the Act not applicable...........
