Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 27A, 29, 36A -- Contraband - Challan presented without FSL report - Contention that report of FSL form very foundation of case of prosecution and is an integral part of challan cannot be brushed aside - Default bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 50,000 Tramadol table weighing 20 kgs. - Bail - NCB specifically stated that it was disclosures made by accused that had led NCB team to arrive at and raid godown of co-accused, which resulted in recovery of large haul of different psychotropic..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 8A, 20(b), 21, 22, 27A, 27B, 28, 29, Criminal Procedure Code, 1973, Section 439(2) -- Drug trafficking - Cancellation of bail - Prima facie there is no substantial material available with prosecution at the time of arrest to connect accused with allegations levelled against them in drug trafficking except..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Recovery of intoxicant capsules and tablets - Search and seizure - Recovery effected from cardboard box in possession of accused `H', which was proved by PWs - Case property remained intact and was not tampered with after recovery - PW2 and PW3 had categorically deposed that Form M-29 was prepared at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 2.750 kg charas - Case property was not produced before SHO - SHO not deposed that he was on leave on the relevant date - Column in NCB form was not filled by SHO - It was only if SHO himself was I.O, he was not required to fill up columns in NCB form - Prosecution failed to prove its case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 21, 23 -- Recovery of smack/heroin - Secret information - Inconsistent version of PWs about arrival of secret informer in Crime Branch, timings of arrival of ACP at the place of apprehension/interception of accused, filing up of FSL form at the spot and opening of bag allegedly recovered from A-2 -..........
