Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii)(b) -- Ganja - In order to constitute ganja, it should be flowering or fruiting tops of cannabis plant - Merely seeds and leaves when not accompanied by tops would not constitute definition of ganja...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii)(b), 20(b)(ii)(B) -- Recovery of 6 kg Ganja - PW1 and PW4 stated that they noticed ganja leaves in the bag that was in possession of accused - Even Panchnama nowhere mentions that it was flowering or fruiting tops or buds, on the contrary it shows that it were containing ganja leaves and seeds - Chemical..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 6 kg Ganja - Search and seizure - No details of autorikshaw in which goods were said to be under transportation given in information received by PW4 - It cannot be understood as to based on what suspicion, they stopped autorikshaw and enquired inmates therein - As such very initial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 6 kg Ganja - Merely because Panchas have not supported case of prosecution, evidence of official witnesses cannot be totally discarded, provided their evidence appears to be trustworthy...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 6 kg Ganja - Search and seizure - Panch witnesses totally turned hostile to prosecution case - Evidence of official witnesses cannot be relied upon, as narration of PW4 about stopping autorickshaw merely based on suspicion and evidence of PW1 read in entirely does not appears to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6 kg Ganja - Non-compliance of S.50 of the Act - Before conducting personal search of A-1 and A-2, PW1 not informed accused about their right to be searched in presence of a Gazetted Officer - Nowhere, PW1 informed accused that he was a Gazetted Officer, as such he is going to conduct their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 6 kg Ganja - Where member of raiding team himself being recipient of complaint and also I.O, who conducted investigation and filed charge sheet, same creates serious suspicion in circumstances of case - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 21.500 kg poppy husk - Search option given of search before Gazetted Police Officer - No such search option in the provision - It is violation of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 21.500 kg poppy husk - Search - Manner in which consent memo was recorded and accused was taken to residence of DSP in a public transport, the very genesis of effecting recovery at the spot was not maintained by I.O - Gazetted Officer is required to come to the spot and verify not only the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 21.500 kg poppy husk - Weight of contraband - DSP and I.O stated that bulk parcel produced before Court were having holes due to rat bite and actual weight was much less than weight mentioned in FIR - Raises suspicion about recovery effected from accused - Accused acquitted...........
