Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 3 kg charas - Accused acquitted viz: (i) Method of sample collection was defective; (ii) collection of sample in the absence of independent witness; (iii) sample sent to chemical analyst without it being first sent to malkhana and without any seal; (iv) sample sent and report received from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Sealing and sending sample for chemical analysis not done in accordance with procedure laid down under the Act/Rules - Seal and Form No.29 not sent to FSL alongwith sample - Link evidence missing - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 7 plates and 11 sachets of charas - Appeal against conviction - Accused acquitted viz; (i) no, compliance of mandatory provisions of S.50 of the Act; (ii) material contradictions in the averments contained in recovery memo and statements of PWs; (iii) prosecution failed to prove any prohibited..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kg poppy husk - Entrustment of seal to police officials - Where sample parcels and other articles of case property remained intact and were never tampered, entrustment of seal to police official would not create any dent in prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 190 gms cannabis - Contradictions in statements of official witnesses regarding search and seizure - Original seal not produced in the case to verify the sample seal - Prosecution failed to prove its case against accused - Acquittal upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 55 -- Recovery of charas - Conviction set aside on the grounds : (i) Sample taken to FSL not taken from Malkhana; (ii) Sample received by FSL did not bear the seal of arresting Officer or any other police personnel of his team; (iii) Sample contained seal of the person was neither the arresting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Recovery of 15 bags of poppy husk - Search and seizure - Non-prepration of CFSL form on the spot - Filling of CFSL form on the spot is a very valuable safe-guard to ensure that seal sample is not tampered with till its analysis by F.S.L - CFSL form ought not only be prepared and sealed by officer making..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Charas - Recovery of 650 gms - Resealing of parcels by SHO not conducted - All sample taken from seized material have necessarily to be sealed with the seal of an officer incharge of Police Station - It is mandatory in nature to protect tampering of parcel because punishment mentioned in the Act is grave..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Rule 22, 15, 23 -- Cultivation of opium with licence - Confiscation of adulterated Opium and recovery of amount due - Appeal - Respondents failed to produce any document to establish that sample was taken in presence of cultivator and Lambardar and was kept separately in the container for chemical examination - Seal was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 11 Kgs of ganja - Issue regarding possession of seal - Seals were properly intact - There was no evidence of tampering with the samples - When movement of sample has been proved and found to be regular then prosecution was not duty bound to explain each movement of seal from one person to..........
