Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 5 kgs heroin - Official witnesses - Minor contradictions in the statements of recovery officers would not create dent in prosecution case when they have synchronized on various time factors relating to receipt of secret information, sending message to DSP, arrival of DSP and period upto which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 5 kgs heroin - Secret information - Non-compliance of provision of S.42 of Act - I.O on receipt of secret information immediately brought to notice to SSP and ruqa was immediately dispatched from the spot - Case was registered and FIR was delivered to area Magistrate within 3-1/2 hours and it..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Recovery of 400 gms of charas - Secret information - Entire contraband sent to FSL for chemical examination - Case property produced in Court - Held, recovery itself becomes doubtful - Conviction & sentence set aside - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 11 Kgs of ganja - Secret information - Recovery affected from house of accused - Accused fled away on seeing police party after scaling wall in presence of 5 police constables - Accused acquitted on the ground that it was not explained by prosecution that how accused fled away in presence of 5..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of charas - Secret information - Non-compliance of provision of S.42 of Act - Recovery effected at a public place and not from any building or place - S.42 of Act does not come into play - Contention of accused that there is no, compliance of S.42 of Act has no legs to stand - It is S.43 which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29 -- Recovery of 908 gms charas and 182 gms ganja - Secret information - Panch witnesses turned hostile - Independent witnesses not examined - Provisions of Ss.42, 50, 52(3) & 57 of NDPS Act not compiled with - Seal on the muddamal at the time of taking them has not been properly mentioned - Documentary..........
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 -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 68 kgs charas - Drugs trafficking - Secret information - Non-association of independent witness - Official witnesses had sufficient time to associate independent witnesses but no sincere efforts were made by police to associate the same - Plea that no independent witness was available..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 68 kgs charas - Drugs trafficking - Secret information - Prosecution failed to explain as to why there was delay of 12 hours in recording statement of official witnesses - Material witness not examined by prosecution - I.O. has not even prepared the spot map - Contradictions in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 245.500 Kgs doda post - Secret information - Recovery effected from vehicle of accused which was in transit on the public way - Provision of S.43 of Act is clearly applicable - There was no requirement of officer conducting search to record grounds of his belief as contemplated by S.42(1)..........
