Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Sample packets were duly sealed with signatures and seizure details - Seized material along with samples was produced before Magistrate - Scientific Officer affirmed that seal on packet received for analysis was intact and bore correct identifying particulars -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Search and seizure - CFSL Form was not prepared at the spot and sample seal impressions were not preserved and were not deposited with MHC of Police Station with case property and not transported to Director CFSL with samples for comparison of seal - Seal was not handed over to independent..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Petition by husband - Male child was delivered after six and a half months of gauna (marriage ceremony) - DNA testing was done with consent of wife and due procedure was adopted - Sample was taken in the presence of the Presiding Officer of Family Court and two witnesses - DNA test report specifically..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18(c) -- Recovery of 300 gms opium - I.O proved on record prosecution story leading to recovery of opium from possession of accused - PW3 had given evidence with respect of taking of sample parcel and sample seal of office of Chemical Examiner and also to the effect that same was not tampered while in his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 4 kg charas - Sampling process - I.O after having sealed sample should have kept said seal on sapurdnama of an independent person or a person other than his subordinate who was not posted in said Police Station or was not under his command or control - This infraction itself is a ground for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 22(c) -- Recovery of 17 ampoules of Buprenorphine and 12 ampoules of Diazepam injection along with some syringes and needles - Delay in producing contraband substance in Court - There is unexplained delay in producing seized substances before Court and absence of evidence as to how and in what condition..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Weighment of contraband - When place of seizure is public place and weighment chart is not produced nor brass seal, nor independent witness supports prosecution version, doubt on prosecution case regarding seizure of contraband of particular quantity becomes grave - It..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - Discrepancy in statement of inspector who effected the recovery - Case property was deposited with MHC and officer who had effected recovery ceased to have any access to same - Sample parcel was delivered in FSL prior to dates on which seal was used by inspector in other two..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25.500 kgs poppy husk - Sample parcels were sealed vide three seal impressions - However, subsequent movement of case property till sample parcels reached office of Chemical Examiner indicates that case property was bearing only two seal impression - It emanates that samples actually drawn at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Recovery of 7 kg opium - Nothing on record to satisfy as to what were specimen seal impressions which were allegedly forwarded by I.O to FSL along with samples of contraband - Link evidence pertaining to sanctity of sample is breached - Accused rightly acquitted...........
