Criminal Procedure Code, 1973, Section 91, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Call details of police officials - Proof of - Accused can examine officials of service provider (Mobile companies) to controvert the case of prosecution that police officials were present at the time of recovery...........
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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Poppy straw - Recovery of 8 bags - Sample drawn only from one bag - Mandatory provision of S.52-A of the Act not complied with - Fatal to the prosecution case - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18, 29, 37 -- Bail - Search and seizure conducted by Sub-Inspector who was not authorized to do so - Held, petitioner entitled to be released on bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 55, 57 -- Contraband - Delay of about two months in sending sample for chemical examination - Prosecution failed to give any explanation for withholding sample for such a long time - No genuine effort was made by police party to join any independent witness - Recovery was effected from scooter being driven..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Delay in sending sample for chemical analysis - Not always fatal - However, when such delay is inordinate and unexplained coupled with the fact that link evidence is either missing or unreliable or deficient, prosecution story is rendered doubtful...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Accused acquitted as (i) Delay of 8 days in sending sample for analysis not explained ; (ii) seals remained with the police officials, therefore, possibility of tampering with the sample and case property cannot be ruled out; (iii) independent witness not examined...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 21, 42, 50 -- Contraband - Search and seizure - Accused `M' found to be in possession of Charas, Opium, one revolver and 22 cartridges - Notice u/s 50 of Act was given to accused - Necessary formalities which included sealing of samples and residue were carried out on the spot - As regards to no, joining of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 21, 42 -- Contraband - Sending of samples - A wrong date due to clerical error is reflected in affidavit - Samples received by FSL without any delay - There was no tampering with seal - Contention that weight of sample was lesser than what actually sent to FSL - Contention rejected as weight given in FSL..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 21 -- Contraband - Search and seizure - Non-filing of Form 29 was only an irregularity but it does not make the whole case doubtful nor it is fatal to the case...........
