Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 17 kg poppy husk - Non-joining of independent witness - There was no market or village near place of recovery - SI and recovery witness have fully supported prosecution case and their testimonies are without any material contradiction and were rightly found as reliable - Non-joining of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 17 kg poppy husk - Reduction of sentence - Recovery effected from accused in 2001 - Custody certificate produced on file shows that at the time of suspension of sentence of accused, he had undergone 7 months and 29 days of imprisonment and has not been found involved in any other case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29 -- Recovery of 36 quintal 95 kg and 300 gms poppy straw - Framing of charge - Recovery effected from truck - Petitioner was not apprehended with truck in which contraband was being plied - He was found involved in the case as being person, which was escorting truck in a Bolero vehicle/car - However, no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 439, Criminal Procedure Code, 1973 -- Bail - Recovery of 76 kg poppy husk - Seizure officer first took 500 gms of poppy husk from each bag, then he mixed the same and thereafter took samples from that mixture - He thus, did not collect separate samples from each bag - Even, test by U.N. Kit was also not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 bags of poppy husk - Recovery effected from vehicle which was being driven by accused with other accused accompanying him - Presence of accused persons and possession of contraband material therefore, stood completely established - Order of conviction passed by trial Court held, restored -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - Production of case property in Court - If seizure is otherwise not in doubt, there is no requirement that the entire material ought to be produced before Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - If seizure is otherwise proved, what is required to be proved is the fact that the samples taken from and out of the contraband material were kept intact, that when the samples were submitted for forensic examination the seals were intact, that the report of the forensic..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - Seizure memo - Proof - Signature of accused - At no stage even a suggestion was put to the witness that either the signatures of the accused were taken by fraud, coercion or mis-representation or that the signatures were not of the accused or that they did not understand..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 11 -- Recovery of 35 bags of poppy husk - Plea of alibi - Accused pleaded that he was under treatment as outdoor patient at the relevant time - However, there is overwriting in hospital record and name of one person was struck and name of accused was added - Accused though taken a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 21, 25, 29, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Main accused already granted bail from whom contraband along with two pistols with drug money of Rs.2.08 lacs was recovered - There is no recovery of any contraband from petitioner - Court thus, left..........
