Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 14.500 kg. - Independent witness joined but not examined - No explanation for non examination - Such circumstance is very much fatal to the prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 14.500 kg. - Independent witness joined but not examined - So called independent witness a stock witness of police - To prove this point copies of five FIR's filed and all the five FIR's relate to the same police station in which appellant has been booked under NDPS Act - Adverse..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 50, Criminal Procedure Code, 1973, Section 100(4) -- Recovery of contraband - Search and seizure - Non joining of independent witnesses - Search and seizure vitiated as Seizure Officer gave lame and feeble excuses for not associating two independent and respectable persons of the locality...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of contraband - Recovery from personal search of accused - Mandatory provision of S.50 the Act not complied - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 27A, 29, 61, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 7 kg. of opium from accused and his co-accused - Bail - Accused alleged to be leader of gang of smugglers - Recovery of commercial quantity - Held, petitioner is not entitled to concession of regular bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 29, Customs Act, 1962, Section 108, Evidence Act, 1872, Section 25 -- Contraband - Conviction - Validity - Owner of car from which alleged recovery was effected has not been associated by prosecution - Two independent witnesses to alleged recovery not examined - Prosecution failed to prove that appellant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 250 gms. of opium - Only one witness joined to whom SI knew previously and he too was given up - Affidavit of such witness in which he stated that no such recovery was effected in his presence from the accused - Held, prosecution has failed to prove its case beyond reasonable doubt - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 57 -- Recovery of opium - Search & seizure - Non joining of independent witness though available - One witness joined to whom SI knew previously and he too given up by prosecution - Prosecution failed to prove its case beyond reasonable doubt - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 250 gms. of opium - In statement of accused u/s 313 Cr.P.C. no question was put as to conscious possession of opium - Word `Conscious' also missing in the charge framed - Held, defence of accused is prejudiced by this omission - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Recovery of poppy straw - Conscious possession - Prosecution proved that contraband was in exclusive and conscious possession of accused - Presumption contained in S.54 of Act would arise - Accused rightly convicted...........
