Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 300 vials of Rexcof from one bag and 100 vials of Rexcof from the second bag, one 1200 strips of Alprazolam each containing 10 tablets and 1200 tables of Carisoma - Non-compliance of S.50 of the Act - I.O. is required to give only two options to accused whether he wanted to get his personal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of intoxicant tablets - Non-compliance of S.50 of the Act - Consent memo shows that no written notice was given to accused and consent memo itself shows that an offer was given to accused to be searched either before a Gazetted Officer or before a Magistrate, upon which accused gave his consent to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of intoxicant tablets - Search and seizure - Entire investigation was conducted by ASI/IO who himself is complainant - If complainant himself is I.O, conviction is not sustainable - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of intoxicant tablets - Search and seizure - When before registration of FIR, documents which were prepared at the spot bear FIR number and there is no explanation by I.O, it raises a strong suspicion about veracity of these documents...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of intoxicant tablets - Disposal of seized tablets - Sample parcels were kept for five days despite order of CJM and deposited the same after delay of 5 days - No explanation as why it was kept for 5 days when there was special order of CJM - It required to be deposited immediately with FSL,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 1 kg Alprazolam powder - Non-examination of independent witnesses - Summons were issued to independent witnesses but their attendance not secured in course of trial - No adverse inference can be drawn against prosecution case for no, examination of independent witnesses...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 1 kg Alprazolam powder - Search and seizure - Evidence of PWs 2 and 6 establish that contraband articles after being brought to NCB office were kept in godown/malkhana and necessary entries were made in godown register in that regard - Certified true copies of said entries were proved - Oral..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 1 kg Alprazolam powder - Search and seizure - Variation in weight of samples - Some variation in weight of samples was reflected, but it is slight and may be due to myriad reasons like absorption of moisture or inaccuracies in weighment - Moreover, sanctity in preservation of samples is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 1 kg Alprazolam powder - Confession - Accused were detained at the spot and not free agents at the time when statements were purportedly recorded - They retracted their statements during trial alleging physical assault and coercion - It would thus, be unsafe to hold that statement of accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 1 kg Alprazolam powder - Search and seizure - Evidence of PWs with regard to seizure of contraband and drawing of samples therefrom at the spot remains unshaken - Oral evidence of witnesses are corroborated by search and seizure list prepared by PW6 - Evidence of PWs unequivocally establish..........
