Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Recovery of 180 gms brown sugar - Non-availability of FSL Examination report - Misplacement of FSL report by prosecution and not forming part of record of trial Court is a matter of grave concern - This sort of callousness and apathy sufficiently demonstrates that how and in what manner prosecution..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Recovery of 180 gms brown sugar - Non-exhibition of report of Central Forensic Laboratory - When question of recovering contraband itself is under serious cloud, it would not be appropriate to take cognizance of such report as same has not been exhibited - No reliance therefore, can be relied upon..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 29, Evidence Act, 1872, Section 27 -- Theft of opium - Information given by co-accused - Case of prosecution is that co-accused was having licence to produce opium and as he could not produce requisite quantity of opium he filed a false case of theft of opium and opium which was recovered was also not having..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 28, 23 -- Contraband - Recovery - Whole prosecution case hinges on recovery - Testimony of PWs 8 & 9, panch witnesses depict a different picture than the one portrayed by official witness - When statement of official witness is impaired due to infirmities, it is not safe to place reliance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 448 gms heroin - Personal search - Non-compliance of mandatory provision of S.50 of the Act - Raiding party did not inform accused of his right to get himself searched before a Gazetted Officer/Magistrate - Provision u/s 50(1) of the Act not complied with, which vitiates entire proceedings..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22(C) -- Recovery of 448 gms heroin - Sample - Prosecution utterly failed to show where, when and by whom sample was taken from recovered contraband article for testing to FSL - Said fact creates a serious doubt as to whether sample which was sent for FSL for testing was a part of recovered contraband from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22(C) -- Recovery of 448 gms heroin - Non-joining of independent witness - There was sufficient opportunity for complainant and raiding police party to get public witness alongwith them at the time of raid, but no effort made by police party to make public witness of the occurrence - Non-joining of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22(C) -- Recovery of 448 gms heroin - Investigation of case done by subordinate officer of complainant - Investigation conducted in case is thus, not reliable - Moreover, recovered article was neither sealed nor opened before I.O - Charge sheet is submitted by I.O without waiting for and perusal of report of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Recovery of 7.2 kg opium - Bulk quantities of contraband not exhibited to witnesses at the time of adducing evidence - Prosecution story rightly disbelieved - Acquittal by High Court calls for no interference...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Recovery of 7.2 kg opium - Non-production of bulk quantity of opium - Would create a doubt in the mind of Court on genuineness of samples drawn - Simple argument that same had been destroyed cannot be accepted, as it is not clear that on what authority it was done - Neither application for..........
