Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of - Ruqa sent at 4.00 p.m. wherein quantity of poppy husk in each bag was recorded - Testimony of DSP that measurement of poppy husk was conducted at about 4.30 p.m. whereas ruqa was sent at 4.00 p.m. - This fact shows that DSP was not present at the spot when alleged recovery was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), Constitution of India, 1950, Article 20 -- It is not permissible to create an offence retrospectively - Penalty cannot be higher than what was prescribed in law which was in force at the time of the commission of the offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 40 Kgs. - Accused convicted and sentenced to 3 years and to pay a fine of Rs.10, 000/- - Accused faced trial for 8 years - Sentence reduced to one year and four months - Amount of fine reduced to Rs.5, 000/-...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 15 -- Confiscation of jeep - Driver convicted - Notice given to owner who led evidence - Nothing on record to show as to what sort of precautions he took in ensuring that the jeep was not misused for transporting the contraband by the driver who was his agent - Order of confiscation - Order upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 10 kg. - Delay of 7 days in sending sample for analysis - Report of Chemical Examiner that seals on sample were intact - Delay not fatal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 10 kg. - Independent witness not joined - It was a chance recovery - No evidence that independent witness was present and not joined - On account of mere fact that no independent witness could be joined on account of non availability, at the time of recovery, the evidence of official..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 10 kg. - Conscious possession - Possession proved - There is statutory presumption against accused that he has committed offence - Burden of proof shifts on accused to rebut that presumption...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 313 -- Opium - Recovery of 10 kg. - Plea that in examination of accused u/s 313 Cr.P.C. no question was put to him about conscious possession - Held, in statement u/s 313 Cr.P.C. the requirement is to be put incriminating circumstances appearing against him in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Two samples of 50 gms each sent for analysis - FSL report that samples weighed 80.600 gms. - Samples not tampered with - Conviction upheld. It may be stated here, that when the samples were taken by the Investigating Officer, he weighed the same on the manual scale, and not on the computerized..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Delay of 7 days in sending sample for analysis - Seals found intact and untampered - Not fatal to proseuction case. None tampered with the sample parcels, until the same reached the office of the Chemical Examiner. Above all, there is report of the Chemical Examiner Ex.P11, which clearly..........
