Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Recovery of 115 kg poppy husk - Conscious possession - Word conscious means awareness about a particular fact - It is a state of mind which is deliberate or intended - Conduct of accused is very material to determine the question of conscious possession...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Recovery of 115 kg poppy husk - Conscious possession - Accused found dragging out a gunny bag from paddy field to kachha path and on seeing police, he sat down inside the field - No explanation given by accused as to his presence in the field where gunny bags containing poppy husk were lying - Conduct..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Recovery of 115 kg poppy husk - Accused in custody since the date of his apprehension - He had two small daughters and ailing parents - Moreover, accused already undergone total sentence of 8 years 9 months and nineteen days including remission - Conviction and sentence of accused held, modified from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 7 kg charas - Non joining of independent witnesses - The harsher is punishment, the more is the strictness of proof required from prosecution - Failing to associate independent witnesses at the time of recovery creates a dent in the case of prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 7 kg charas - Recovery of knife at the time of opening the bag before Court - No mention of same in seizure memo - Creates serious dent in the prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 7 kg charas - Non-joining of independent witnesses - Testimony of police officials must be scrutinized with greater care in the absence of independent witnesses, particularly when police witnesses contradict themselves on the issue as to in whose hand writing the seizure memo, arrest memo,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 7 kg charas - Material contradictions in the testimony of complainant and official witness PW4 regarding search and seizure of contraband - Failing to associate independent witness in such situation creates dent in the prosecution case - High Court failed to appreciate the recovery of knife at..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Suspension of sentence during pendency of appeal - Offence under NDPS Act - Accused sentenced to R.I for a period of 10 years plus fine - Out of total sentence of 10 years, accused already undergone more than 4 years of actual sentence - Sentence suspended during..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time to file charge sheet - Submission of a valid report of Public Prosecutor indicating progress of investigation and disclosing specific reasons for extension of period of detention is a sine qua non for extension of period of detention u/s..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 18, Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Recovery of 350 kg opium shells - Commercial quantity - Charge sheet not filed within statutory period of detention of 180 days as prescribed u/s 167(2) Cr.P.C - No application for extension of statutory period up to one year was made in..........
