Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 52, 55 -- Recovery of 44 kgs of ganja - No evidence on record that samples were sealed by officer-i, charge of police station in whose custody articles were kept - Brass seal, which was used to seal articles and sample packets, has not been produced in Court - Malkhana Register of concerned police..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of poppy straw - Search and seizure - Non-production of original seal in Court - Prosecution failed to produce original seal in Court in order to compare the original seal with sample seal of parcel - Non-production of original seal in Court is fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Acquittal - Upheld on the grounds viz. (i) Independent witness not joined despite availability and no explanation forthcoming for not having done so; (ii) Material contradiction with regard to place of Nakka; (iii) Scale with which contraband measured was alleged to be kept in the I.O. kit but..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Recovery of heroine - Search and seizure - Accused was prosecuted for commercial quantity of contraband yet its weight admittedly was never ascertained - As per statements of eye witnesses 450 grams of heroine was recovered but prosecution failed to give any explanation as to how quantity was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Accused acquitted on grounds : (a) Accused a female and provision of S.50(4) of the Act violated; (b) Seal after use retained by DSP which creates a serious doubt regrading recovery having been effected from the spot; (c) Delay of 40 days in sending sample for analysis is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Recovery of 29 packets of charas - Sample seal not sent alongwith sample to chemical analyst - No evidence to prove satisfactorily that seal found on sample was in fact the same seal as was put on the sample immediately after seizure of contraband - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Seal after use handed over to independent witness but he was given up - In the absence of his evidence, it is very difficult to say as to whether seal was in fact handed over to him and if so, either it was returned by him before or after deposit of sample parcels for chemical..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 57 -- Contraband - Conviction - Validity - Nothing on record to show that alongwith appellant, contraband recovered from him or sample drawn were produced before trial Court - Sample seal and malkhana register not produced on record - 10 days delay in sending samples for chemical analysis - No paper on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42(a) -- Contraband - Accused acquitted on the grounds : (i) No explanation for delay of 12 days in sending sample for chemical examination; (ii) Seal after use was not handed over to independent witness; (iii) Secret information was not reduced into writing and copies of same were not sent to higher..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42 -- Poppy straw - Recovery of 8 bags containing 40 kg. each - Accused acquitted on following grounds : (i) Raid conducted on the basis of secret information and one independent witness joined but not examined; (ii) Seal handed over to independent witness but he was not examined; (iii) It has come in the..........
