Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, 29, 27(B)(ii), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of tablets, capsules and cough syrups containing narcotic substance - Recovery effected from possession of co-accused - Police during investigation recovered two slips/receipts one of them was written by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 29, 21, 23(c), 27(A), 67 -- Recovery of 7.4 kg heroin - Confession of co-accused - Allegation against accused is that after taking delivery of contraband from one person, co-accused was to take heroin and hand it over to one `N' - Said `N' was to further hand over heroin to accused - However, said persons..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 29, 21, 23(c), 27(A), 67 -- Recovery of 7.4 kg heroin - Confession by accused - No material placed on record that confession is voluntary made, free from any pressure and also accused was apprised of his rights before recording confession - Confession held, not reliable - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of charas - Secrete information - Non-compliance of mandatory provision of S.42 of the Act - Neither secret informant was reduced into writing nor same was sent to higher authorities or concerned Police officer by I.O - Strict compliance of mandatory prevision of S.42 of the Act not made - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of charas - Third option - Non-compliance of mandatory provision of S.50 of the Act - I.O included himself as choices in addition to a Gazetted Officer or Magistrate by asking accused if he wanted to get searched from him or from any Gazetted Officer or Magistrate - Giving of third option to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of charas - Non-compliance of mandatory provision of S.50 of the Act - Notice u/s 50 of the Act was not given to accused - Mandatory provision of S.50 the Act held, not complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Samples not drawn in presence of Magistrate - Magistrate not followed the ratio of Supreme Court Judgment - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 1 kg 250 gms charas - Non-joining of independent witness - Place of recovery is secluded and no independent witness was available at the spot as per I.O as well as PW8 - They made efforts to associate drivers of vehicles, moving on road, as witnesses, however, no one was willing to join..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 1 kg 250 gms charas - Contradictions in PWs regarding scribing of Rukka - Writing of Rukka is not disputed - All material PWs have deposed that Rukka was written by PW6 and PW6 also corroborated his version of other witnesses - Minor variance in statement of PW6, cannot give any benefit to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 1 kg 250 gms charas - Contradictions in PWs regarding scribing of seizure memo - Document is proved to be scribed in accordance with provisions of the Act and is proved in accordance with law - Who wrote seizure memo will not make any of difference in prosecution case particularly when..........
