Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 310 grams - Case property not marked in Court - No explanation as to the fate of case property - Prosecution case falls flat...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Delay of 18 days in sending sample for analysis - No explanation for such a whopping delay - Delay coupled with fact that seal remained with police official creates doubt as to genuineness of sample drawn and sent for analysis - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 21,25,29,61,85, Explosive Substances Act, 1908, Section 3,4,5, Unlawful Activities (Prevention) Act, 1967, Section 17,18,19,20, Indian Penal Code, 1860, Section 120B -- Huge recovery of RDX, Heroine, Fuse Wire, Live detonators and fire/timer devices - Bail - Refused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 3 Kg. - Inspector called for Gazetted Officer and DSP came present to attest the recovery - DSP did not affix his seal on the opium as well as on the sample parcel - No difficulty explained as to why DSP was not asked to affix his seal - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 3 Kg. - Inspector called for Gazetted Officer and DSP came present - DSP failing to identify the Parna from which the opium was recovered and stated that colour of Parna appears to be faded with the passage of time but it is most improbable as the Parna was kept in a sealed parcel and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 3 Kg. - FSL report - Seals on sample found intact not disclosed - Contents of report not put to accused in statement u/s 313 Cr.P.C. - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 55 -- Contraband - Search - If Officer-in-charge of a police station himself conducts search and seizure of some articles within the local area of that police station itself, question of delivery of such article, again taking samples from them and re-sealign of such samples does not at all arise -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Contraband - Recovery of - Seal after use neither destroyed at the spot itself nor it was handed over to an independent witness nor it was deposited in the `Malkhana' of the police station in a sealed condition - By this reason only it cannot be held that the recovery officer misused the seal available..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Contraband - Recovery of - Seal after use neither destroyed at the spot itself nor it was handed over to an independent witness nor it was deposited in the `Malkhana' of the police station in a sealed condition - There always remains some possibility of misusing of the seal if it is kept by the recovery..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Contraband - Recovery - Independent witnesses not joined - Held, if from the evidence available on record Court finds that charge against accused is proved, Court may convict the accused on the basis of evidence available on record even in absence of evidence of independent witnesses...........
