Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 2 kg charas - In recovery memo it is not clear as to whose seal was affixed on the sample as well as residue, which was necessary - No entry of sample seal as well as sample of contraband substance was made in Malkhana Register, which makes it doubtful as to whether these articles were kept..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Search and seizure - PW1 stated that sample seal chits were prepared at the spot - However, no such document was proved or exhibited before trial Court - Prosecution further failed to prove and place on record either Form No.29 or relevant entry in register no.19 showing arrest of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Recovery of 52 kg poppy husk - Search and seizure - Non-deposit of sample in judicial malkhana - Sample was never deposited in judicial malkhana and remained in possession of I.O itself for a period of 2 days before it was sent to FSL - In absence of seal of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Unless there is actual production of case property in Court, prosecution case would not be established - This is for the reason that Court must satisfy itself about the seal(s) on the case property tallies with the seal(s) of the sample(s) sent for analysis to rule out any possibility of foul..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 12 kg opium - Search and seizure - Independent witness not joined - Original seal was never produced before Magistrate - Prosecution failed to explain that case property was same property which was sent to FSL and produced before concerned Magistrate - Sample seal not deposited along with case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 12 kg of poppy husk - Search and seizure - Official witnesses proved that after giving notice to accused, an option was given to be searched before Gazetted Officer or Magistrate - Search was conducted and recovery of 12 kgs poppy husk was effected - I.O after arresting accused and recovering..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 3000 Aprazolam 0.5 tablets - Difference in ingredient of tablet recovered from that of report of FSL - Seals of parcel were found intact and matched with specimen seal impression - Accused was produced before Magistrate and Magistrate took out from the main parcel one representative sample..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22B -- Recovery of 5 gm Nitrazempam - Small quantity - Authenticity of seal affixed on sample not disputed - Accused confessed their guilt - Non-examination of independent witness not fatal to prosecution case, as it is not much necessary - Recovery only with regard to 5 gm of contraband has been proved against..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 22(C) -- Recovery of 98 kgs Ganja - Delay in sending samples to FSL - Sample was sent to FSL after about 6 months of seizure - FSL report also does not indicate as to mode in which parcel was packed on receipt or description of seal - No material on record as to where was consignment of narcotic,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 290 gms charas - Accused found in conscious possession of 290 gms of charas - He was also in possession of currency notes Rs.15,330 and a pocket digital electronic scale - Case property remained under safe custody of PW5 - Compliance qua S.57 of the Act by making special report was proved -..........
