Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Defence of accused was one of complete denial of presence at the site - Accused stated that he was picked up from his house and not from scene of crime - It was therefore, not the case of accused that he was merely a passenger of Three Seater Rickshaw (TSR) and was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Search and seizure - Non-joining of independent witness - Merely because independent public witness did not join investigation, prosecution case cannot be doubted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Search and seizure - Merely not informing concerned Police Station of area and failure to test material recovered through equipment but by only smell, cannot in any manner affect the prosecution case which is otherwise duly proved through testimonies of witnesses who..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Recovery of 10 kg poppy husk - Accused claiming parity with already acquitted co-accused - Case of accused is on identical footing with co-accused - It was co-accused who was driving vehicle in which contraband was carried, whereas accused was sitting in cabin - Entire evidence against accused as well..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 15 -- Nature of offence - Recovery of 6 kgs green poppy plants - Charge framed u/s 18 of the Act - FSL report silent about percentage of morphine content/meconic acid - It cannot be held that percentage of morphine is above 0.2 % and therefore, being opium as per S.(xv) (b) or opium poppy as per S.(xvii) or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50, 57 -- Non compliance of mandatory statutory requirements of Ss.42, 50, 57 - Accused has to be acquitted if non compliance of statutory requirement is proved irrespective of the volume of evidence proving factual aspects...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Contraband - Report submitted by detecting officer u/s 42(2) of NDPS Act to anybody other than his immediate superior officer, cannot be legally accepted as a report u/s 42(2) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Report - u/s 57 of the Act must contain, all the details of detection process including place searched, manner of search, compliance of requirements u/ss 42 and 50 of the Act, details of contraband seized on arrest, details of person arrested on search, date and time and also other details of search,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Report u/s 57 of the Act - A different person is not expected to send report u/s 57 of the Act and a superior officer other than the immediate official superior of the detecting officer, is not expected to receive such report...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, 50, 67 -- Contraband - Recovery of 50,000 pardon tablets and 149 kgs of methaqualone powder from godown, office and residence of 1st respondent - Recoveries doubtful - Recoveries did not disclose facsimile of seals, weight of sample drawn and manner in which same was sealed - There is no explanation for..........
