Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii)(a) -- Charas - S.2(iii)(a) of the Act indicates that charas is resin in whatever form, whether crude or purified obtained from cannabis plant - Different percentage of resin would not be determinative factor for holding that seized contraband is not charas...........
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 15, 18, 20, 21, Criminal Procedure Code, 1973, Section 438 -- Contraband - Anticipatory bail - Nothing was recovered from accused or from alleged house of accused - There is nothing to support case of prosecution even as per assertions of police - Bail application allowed...........
