Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40 kg 700 gms poppy husk - Non-joining of independent witness - No resident of village was asked to join as witness at the time of search of car and weighment of poppy husk although 15 villagers had gathered at the spot - This creates doubt in prosecution version...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40 kg 700 gms poppy husk - Identity of accused not established beyond doubt - Recovery effected from car which was abandoned by some unknown persons - No cogent evidence on record to show as to who is owner of car nor owner of car was joined in investigation nor he was examined in Court to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 20(b)(ii)(B) -- Recovery of 95 kg ganja - Secret information - Statement of recovery witnesses is doubtful and suspicious - Two recoveries effected - Second recovery effected from tenanted premises not supported by public witness - Statement of police officials otherwise became suspicious in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(A) -- Recovery of 5 gms ganja from pants pocket of first accused during a DJ party at resort - Prosecution of owner as second accused - It was not a seizure from the premises - Owner cannot be made liable for the offence committed by a person or a guest who came there during the DJ party - Liability is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of 1 kg charas - One out of four police officials examined - Prosecution must have examined two witnesses of fact to prove its case - Single official witness is not sufficient to prove the case - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of 1 kg charas - Non measuring of weight of contraband substance recovered on the spot by scale or balance establishes that prosecution failed to prove the offence - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of charas - Weight and balance brought on the spot and recovered charas was weighed in - But it is not proved as who fetched balance and weight - It creates doubt on the prosecution case - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of charas - Sample taken out at spot - However, no mention as to weight of sample - It is also not mentioned in the FSL report - It creates doubt on the prosecution case - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of charas - Charge sheet filed on 10.09.1996 - FSL report prepared on 23.10.1996 - Charge sheet submitted before receiving report of forensic lab - I.O. never saw the case property nor he tried to see it - Investigation conducted by investigation officer not fair - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of charas - Neither in the recovery memo nor in the whole case, it is mentioned what was the G.D. number of departure of police party from the police station - It creates doubt on the prosecution case - Accused acquitted...........
