Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 140 kg Ganja - Accused was found driving vehicle at the relevant time and in the said vehicle contraband article in huge quantity of 140 kg was found concealed - Since such quantity makes out a voluminous package, it would..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 kg Charas - Mandatory provision of S.50 of the Act applies when contraband is recovered and personal search also conducted - Accused must be aware that it is his legal right to be searched before a Gazetted Officer or a Magistrate - Mere enquiry by police officer in this regard will not serve..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 3 kg Charas - Representative sample drawn in presence of Magistrate not sent to Chemical Examiner - It is not merely an empty formality to draw the representative sample in the presence of Magistrate - Such lapse amounts to non compliance of S.52-A of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 3 kg Charas - Non-joining of independent witness - Neither any effort was made to associate an independent witness nor any explanation is forthcoming from I.O for not doing so - Failure of I.O to associate an independent witness at the time of recovery creates a dent in the case of prosecution..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 3 kg Charas - Malkhana incharge, where bulk and sample was kept, not examined as a witness nor Register No.19 was produced to establish the safe custody of sample till it reached Chemical Examiner - Possibility of tampering cannot be ruled out - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 70 kg Ganja - Secret information - PW4 upon receiving secret information recorded Sanha in Station diary - But said Sanha was not reported to immediate superior official prior to conducting search and seizure - Additionally prosecution failed to establish existence of any special circumstances..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 70 kg Ganja - Non-compliance of S.52-A of the Act - Procedures relating to sampling, sealing and dispatching the seized samples to Laboratory were not complied - There is thus, violation of Standing Order no 1/88 issued u/s 52-A of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 70 kg Ganja - Place of recovery - Recovery effected from the house of accused - However, I.O. neither provide any description of witnesses who pointed out place of recovery nor did he mention the name of witnesses in whose presence inspection of spot was done - Site map of spot also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 70 kg Ganja - Non-examination of independent witness - Severe inconsistencies in testimony of official witnesses regarding presence of seizure witnesses and preparation of seizure list - No independent witnesses were called to the spot but they were later called to sign the seizure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii) -- Contraband - Bail - Recovery of 247 kg. Ganja - Accused already spent more than three and a half years in custody - Conditional liberty in a case of prolonged incarceration, must override the statutory embargo created u/s 37(1)(b)(ii) of the Act - Bail granted...........
