Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 8(c), 17(c), 21(c), 22(c), 29, 35 -- Default bail - Offence u/ss 8(c), 17(c), 21(c), 22(c), 29, 35 of NDPS Act - Accused arrested and in judicial custody for more than 300 days - Prosecution did not file an application u/s 36-A(4) of NDPS act praying for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 318 gms heroin - Discrepancy in weight of seized samples - Samples from all 21 packets were drawn and their approximate weight was 1.4 gms each - However, weight of samples were 357 milligrams to 615 milligrams when it reached to FSL - There is no evidence to show that samples were all along..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 45 grams intoxicant powder - Non-joining of independent witness - No effort was made by I.O or any other police officer to join any independent witness - I.O did not verify from accused as to from where he had procured intoxicant powder - There is no entry in register regarding sending sample..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 1 kg 250 gms charas - Identification of case property - Accused contended that polythene packet containing contraband was pink in color, but, FSL report refers the bag as multicolor - However, polythene packet produced before Court as of pink color - There is thus, no infirmity regarding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 200 gms opium - Discrepancy regarding weight of sample - Prosecution contended that 40 gms of substance was sent to FSL - But report of forensic lab shows that only 37 gms of substance received in lab - However, such minor difference in weight of substance may occur on account of difference..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - There is hardly any difference between non production of sample in Court and production of sample doubtful in its identity - In both the cases, it becomes doubtful if FSL report is with regard to the very sample seized from an accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - Doubtful identity of sample seized and that produced in Court - FSL report loses much of its significance and accused is entitled to the benefit of doubt...........
Indian Penal Code, 1860, Section 302 -- Murder - Death by burning - Merely because can containing kerosene not sent to FSL, it cannot cast a reasonable doubt in prosecution case, when dying declaration of deceased is on record...........
Indian Penal Code, 1860, Section 302, 149, 148 -- Murder - Recovery of blood stained sticks and tabbal - No evidence on record to show that blood on articles recovered were stained with human blood and more particularly with blood of same blood group as that of deceased - FSL report shows that said blood stains were disintegrated and their origin could not be determined -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 1 Qtl. 20 kg chura poppy heads - Accused acquitted as : (i) Presence of DSP at the spot highly doubtful as this witness is not examined in Court and except for the recovery memo, he has not signed any other document; (ii) Presence of independent witness at the spot also doubtful; (iii)..........
