Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Personal search of accused - Non compliance of the provision of S.50 of the Act - Acquittal calls for no interference...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Suspension of sentence during pendency of appeal - Applicant already put in nearly two months in custody out of total sentence of 1 year - Conclusion of appeal will take some time - Sentence suspended during pendency of appeal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3 kg 50 gm charas - Appeal against acquittal - Accused acquitted viz: (i) contraband produced before Magistrate after delay of two days and there is no evidence as to where it was kept for two days before producing it for resealing before Magistrate and then sending to FSL; (ii) no FSL form..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 6.318 kg heroine - Joining of independent public witness - Not mere formality - It is vital safeguard to avoid false implication of individual...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 6.318 kg heroine - Except IO, none of other members of raiding team examined in whose presence contraband was recovered - No plausible explanation as to why all these material prosecution witnesses not examined - Seemingly, a trend has emerged not to examine other members of the raiding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 6.318 kg heroine - Non-examination of two independent witnesses as address given by them found incorrect - In numerous cases it is noted that no such individuals are produced on the ground that their addresses were found incorrect - It cannot happen in most of the cases - Non examination..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 6.318 kg heroine - Secret information - Not recorded in duly maintained register - Though recording of secret information in register is not mandatory as per S.42 of the Act, but to ensure that such information was received and to attach certain sanctity it is necessary that it should be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 6.318 kg heroine - Defective investigation - No call details placed on record to ascertain if both accused were acquainted with each other or were in constant touch - Investigation is silent as to from where contraband was procured, by whom it was procured, for what consideration it was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Charas - Recovery of 1.50 kg - Non-joining of public witness - Do not ipso-facto make evidence of police witness unreliable or untrustworthy...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Charas - Recovery of 1.50 kg - Delay of 14 days in sending samples to FSL - Does not create doubt that samples were being tampered as samples were kept in malkhana on same day of seizure and were in proper custody...........
