Indian Penal Code, 1860, Section 394, 397, Evidence Act, 1872, Section 27 -- Offence u/ss 394, 397 IPC - Recovery of ornaments at the instance of accused - No evidence that recovered articles were sealed at the time of recovery or that they were kept secure in the Malkhana of police station till the same were subjected to identification before Executive Magistrate -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 3 kg Charas - Malkhana incharge, where bulk and sample was kept, not examined as a witness nor Register No.19 was produced to establish the safe custody of sample till it reached Chemical Examiner - Possibility of tampering cannot be ruled out - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of poppy straw - Non-compliance of provision of S.52-A of the Act - No explanation either for non-production of seized materials or the manner in which they are disposed of - No order passed by Magistrate allowing the application, if any, filed u/s 52-A of the Act - Executive Magistrate has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 6 kgs opium - Parcel containing sample was sent to office of chemical examiner was in an intact condition and seals were very clear - As case property was lying in judicial Malkhana for almost 2 years and was produced in Court in 2010 - During this period some damage was caused to case property..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 23(c), 25 -- Recovery of 511 kgs Ganja - Search and seizure - Samples were drawn in malkhana after a month of seizure and were sent to FSL after 18 days - No explanation given for such delayed sampling or dispatch of samples to laboratory for confirmation whether seized articles were narcotics or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Contraband - Recovery allegedly effected from the trolley standing in the land of accused - No evidence has been adduced by prosecution to show that land in question was either owned or possessed by accused - Contraband recovered from accused was produced before SDJM but same was not deposited back in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Contraband - Recovery allegedly effected from the trolley standing in the land of accused - No evidence has been adduced by prosecution to show that land in question was either owned or possessed by accused - Contraband recovered from accused was produced before SDJM but same was not deposited back in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 12 packets of poppy straw - Non-compliance of S.55 of the Act - No evidence adduced on behalf of prosecution that recovered poppy straw was kept in a sealed cover and specimen was made in a proper way in safe custody from date of recovery upto date of sending one packet for testing to FSL - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 27A -- Recovery of 29.500 kg Ganja - Search and seizure - I.O did not substantiate as to where seized ganja was kept at the police station - Malkhana register was not produced in Court to ensure that on the date of seizure seized articles were kept in custody of some person other than informant nor..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Recovery of 2 kg charas - Appeal against conviction - Accused acquitted on following grounds: (i) No evidence that recovered contraband was kept intact in malkhana; (ii) personal search of accused not conducted before a Magistrate or any Gazetted Officer and there is no consent letter of..........
