Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 8 kg 100 gm opium - Secret information - Non-compliance of provision of S.42 of the Act - No explanation given by PW5 as to when secret information was received, why it was not noted down and why information was not furnished to Senior Officers in accordance with S.42(2) of the Act - Mandatory..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 8 kg 100 gm opium - Non-production of muddamal in same condition before Court and no, production of control samples before Court - Serious infirmities in prosecution case - Fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 8 kg 100 gm opium - Non-production of independent witnesses - Recovery effected from public place - However, no efforts made by police to procure independent witnesses - Non-production of independent witnesses casts serious doubt on prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(2), 23 -- Recovery of 100 kg charas - Accused was the sole occupant of jeep in question from where recovery was effected - Failure of I.O to interrogate the owner of jeep strengthens the presumption in favour of accused, as it is difficult to fasten the knowledge of cavity and concealment of charas therein..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(2), 23, Evidence Act, 1872, Section 25, 26 -- Recovery of 100 kg charas - Confession - Second statement of accused recorded when he was in police custody and not in immediate presence of Magistrate - Confession and guilt if any made by accused in second statement is thus, hit by S.25 of Evidence Act and,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(i), (ii), 57, 35, 20(B)(2) -- Recovery of 100 kg charas - Secret information received by PW4 not recorded by him - Nor said information was forwarded to higher authorities - Compliance of Ss.57, 42, 35, 20(B)(2) of the Act not made by prosecution - So called independent witness PW3 is a pocket witness and he..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Recovery of 100 kg charas - Presumption u/s 54 of the Act - No admission made by accused u/s 101 of Customs Act that he was aware of charas being hidden in the vehicle - Prosecution failed to prove by cogent and reliable evidence that it was within the knowledge of accused that charas was concealed in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A(2)(c) -- Recovery of three bags containing 106.500 gms poppy husk - Sample to be drawn in presence and supervision of Magistrate - Not followed - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of three bags containing 106.500 gms poppy husk - Impartial investigation - Complainant and I.O. same person, which makes the prosecution case doubtful - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of three bags containing 106.500 gms poppy husk - Entire contents of three bags were required to be put on a piece of paper or cloth in order to know the whole of contents - Admittedly, I.O. did not follow the prescribed procedure - It is doubtful or hard to believe that whole of contents of bags..........
