Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61 -- Recovery of 2 kg charas - Prosecution failed to establish the foundational facts beyond all reasonable doubt - Independent witness of the case declared hostile - Recovery of contraband not proved on record - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 68F -- Freezing of illegally acquired property - Officer authorized in terms of S.68-F of the Act passed the freezing order on the basis of information available to him and he has reason to believe that property in question is acquired by petitioner illegally through income generated from drug trafficking within..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 68F, 68J -- Freezing of illegally acquired property - Burden of proving that any property specified in the notice served u/s 68-H of the Act is not illegally acquired property shall be on the person affected - In the instant case, petitioner failed to prove the fact that flat in question was acquired by legal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C) -- Recovery of 270 gms heroine - Secret information - Not recorded in proper register duly maintained in office - Possibility of entry made on plain paper to be manipulated or fabricated - No authenticity can be placed on such loose sheet of paper - Even otherwise, secret information apparently did not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C) -- Recovery of 270 gms heroine - Non joining of independent witnesses when at the place of recovery there were certain jhuggies/temple/shops and public persons available - No plausible explanation as to why no such individual was requested to join investigation - Offences under the Act are serious and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C) -- Recovery of 270 gms heroine - Accused acquitted as (i) Non joining of independent witnesses despite availability and no plausible explanation offered for non joining independent witnesses ; (ii) secret information not recorded in proper register duly maintained and there is no authenticity of such an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 105 kg ganja - Non-joining of independent witness - Evidence of police officials cannot be rejected per se merely because of no, joining of independent public witnesses - However, it puts the Court on guard to scrutinize their testimonies with great care and caution since they could be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 105 kg ganja - Non-joining of independent witness - No independent public witness was associated at any stage of investigation - Explanation offered by I.O. and other police officials that request was made to certain passersby to join investigation inspires no confidence, as this is a routine..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 105 kg ganja - Secret information - Not recorded in a proper register duly maintained in the office - There is every possibility of such a document to be manipulated or fabricated at any time - No authenticity as such can be placed on such a loose sheet of paper - As per secret information, A3..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 105 kg ganja - Recovery effected at the instances of A1 and A2 - A3 who was the mastermind in supplying the contraband could not be arrested at the spot or soon thereafter - He surrendered in the Court but nothing incriminating was recovered from his possession or at his instance - A3's..........
