Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Recovery of 25 gms cocaine - Non-joining of independent witnesses - Accused was apprehended from a crowded spot and there were number of establishments nearby - There is thus, no dearth of public witnesses - Testimony that certain passers by at a red light and at the spot were asked to join proceedings..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Recovery of 25 gms cocaine - There is no inconsistency in testimonies of PWs regarding recovery of contraband from pocket of trouser worn by accused - As regarding recovery of mobile phone, though there is inconsistency in testimony of PWs, however, it cannot raise any doubt as to possession of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 14 injections of Buprenorphine and 10 injections of Pheniramine Maleate - Challan presented and charges framed - Petitioner is in custody since 6.8.2019 and has undergone incarceration of about 5 months and 7 days - Trial of case may take some time in..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 70 injections of Buprenorphine I.P Omgesic 2mls each and 30 injections of Avil 10ml each - Buprenorphine falls under Drugs and Cosmetics Act and salt has not been included in Schedule I of NDPS Rules - Even,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 7 kg opium - Recovery effected from a package being carried by accused in his hand at a public place - Provision of S.42 of the Act thus not applicable...........
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...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29, Evidence Act, 1872, Section 30 -- Confession of co-accused - Recovery of 7 kg opium - No evidence against accused to connect him with alleged offence except confession of co-accused - Such a confession is not admissible in evidence for any purpose whatsoever - Accused rightly acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Compliance of S.50 of the Act - Not applicable when it is a chance recovery...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 37 kg ganja - Testimony of PW1 with regard to DD entry relating to movement of patrolling party and call details records pertaining to said raiding party completely discredited prosecution case that patrolling duty was at the spot at the relevant time - Material discrepancies in testimony of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37(1)(b) -- Bail - Offence u/s 22 of NDPS Act - Recovery of 51 strips of tramadol hydrochloride parvori, spas - Recovery of contraband made from co-accused - Whether petitioner was in conscious possession of contraband recovered from co-accused and the fact that he..........
