Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25 -- Recovery of 8 plastic bags of poppy straw - Sample - Seizure officer mixed the contents of all bags and collected only two samples from entire material - Individual samples from each bag not collected by Seizure officer - Collecting sample from mixture is thus, not a correct way of sampling in a case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25 -- Recovery of 8 plastic bags of poppy straw - Conviction u/s 25 of the Act - No material whatsoever on record of case to believe that accused knowingly permitted or allowed offending vehicle to be used by another person for transportation of contraband poppy straw - Conviction u/s 25 of the Act thus, cannot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Conviction u/s 21(c) of NDPS Act - Appeal for practical reasons when cannot be disposed of expeditiously, appellate Court can pass appropriate orders for suspension of sentence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 67 -- Recovery of 1060 gms heroin - Voluntary statement given u/s 67 of the Act - When direct evidence given by Intelligence officer and independent witness is quite convincing and satisfactory to prove detection, much need not be discussed or thought of about voluntary statement recorded u/s 67 of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1060 gms heroin - Recovery effected from bag of accused - S.50 of the Act does not apply...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1060 gms heroin - - Recovery effected from bag of accused - S.50 of the Act not strictly applicable - However, since PW1 felt necessity of body search, he accordingly gave notice to accused u/s 50 of the Act - PW1 did not procure presence of any Gazetted Officer or a Magistrate only because..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 1060 gms heroin - Material contradiction between PWs regarding colour of contraband - Where it is well proved that material analyzed at laboratory was taken from very same material taken by PW1 from bag handed over by accused, it is quite immaterial that there is some negligible difference..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 1060 gms heroin - Difference in weight of substance in samples - Marginal difference between weight of samples, will not change identity of article collected on spot and received to laboratory, thus it is not fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c) -- Recovery of 1060 gms heroin - No evidence on record that contraband brought by accused for being exported to any foreign country - It cannot be found that quantity of heroin was intended to be exported - In absence of any evidence to prove attempted export, accused cannot be found guilty u/s 23(c) of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 1060 gms heroin - Quantum of sentence - Accused is a lady - She is not a previous convict - Her age was 39 years at the time of detention and she must be now aged 43 years - Sentence awarded to accused thus, reduced from 15 years to 10 years R.I and amount of fine also reduced from..........
