Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 10 gms smack - Search and seizure - Mentioning of complete details of FIR before ruqa was sent to police station, raises suspicion about recovery - Case of prosecution is thus, doubtful - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 10 gms smack - False implication - Call details of accused is discarded by prosecution, which was proved by defence witness which shows that accused prior to her arrest had received phone calls from police officials which primarily shows that she was sought to be interrogated in a false..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 3.540 kg power containing morphine - Secret information - Non-examination of independent witnesses - Two independent witnesses were present and allegedly accompanied official witnesses throughout process of search and seizure, but none of them has been examined without any explanation -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 3.540 kg power containing morphine - Secret information - Officer who received information was himself complainant and I.O of the case - Prosecution case thus, discarded on this count - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 6 gms smack - Reduction of sentence - Accused has undergone a period of 33 days incarceration out of total 6 months R.I and also suffered agony and trauma of protracted trial - Recovery in question is accused's first offence - Sentence of accused thus, reduced to period already undergone by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 260 grams of heroine - Petitioner involved in 17 other FIR's - Petitioner acquitted in ten cases and in seven cases trial is pending - Petitioner not involved in any case under NDPS Act apart from the present FIR - Except confessional statement..........
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 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...........
