Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 42, 43, 50, 54 -- Recovery of `ganja' - Conviction - Validity - 20 kg 760 gms of ganja recovered from accused while sitting on railway platform - Samples sent to FSL found to be of ganja - All mandatory provisions under NDPS Act fulfilled - No material contradiction which would even raise suspicion about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search and seizure - Failure to inform accused regarding existence of his right to be searched before Gazetted Officer or Magistrate - Effect - Held, it would cause prejudice to accused - Trial itself may not be vitiated on this count, however, failure to adhere to provisions of S.50..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Brown sugar - Recovery of - Non production before Court - No explanation for its non production - Evidence of witnesses to the seizure of material does not establish the seizure - Conviction set aside...........
Indian Penal Code, 1860, Section 304(Part II), 394, 411 -- Culpable homicide not amounting to murder - Conviction - Validity - Prosecution case on alleged confession of accused and alleged recovery of mobile phone belonging to deceased - No eye-witness - No last seen evidence - Alleged confession of appellant before police that mobile phone and money was looted by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Contraband - Conviction - Validity - Recovery of 5 kg of poppy husk from possession of accused - Chemical Examiner found meconic acid and morphine positive and opined that contraband so recovered is poppy husk - Held, report of Chemical Examiner that stuff contains contents of poppy husk which term..........
Indian Penal Code, 1860, Section 302, 201, 379, 34, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Proof - Deceased last seen in the company of appellant and accused No.1 - Oral evidence extracted against each of the circumstance could not be contradicted materially as prosecution witnesses remained firm and unshaken - Documents exhibited by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 8 -- Recovery of 500 gm. of herion from a hotel room - Room was booked in the name of friend - Accused had come to meet his friend - Accused cannot be held to be in possession or conscious possession of contraband - Prosecution failed to prove identity of friend of accused - Acquittal - Order upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 66, 42 -- Recovery of 500 gm. of heroin - Confession made but retracted at earliest opportunity - Conviction cannot be based on such confession when no other material was brought on record...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 500 gm. of heroin - Confession made before officers of NCB - Confession has to be subjected to closer scrutiny than a confession made to private citizens or officials who do not have investigating powers under the Act...........
Indian Penal Code, 1860, Section 302, 404, 34 -- Murder - Conviction - Validity - Evidence of PW6, sole eye-witness, is cogent and trustworthy and further gets corroboration from medical evidence and also for factum of recovery of gold and silver ornaments which has been clearly proved by PW9 - Conviction proper - Appeal dismissed...........
