Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(II)(c) -- Recovery of 4.050 kg charas - Weighment - Use of electronic or manual scale - Contradictory statement of two prosecution witnesses - Contradiction is very serious and makes prosecution case itself highly doubtful - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(II)(c) -- Recovery of 4.050 kg charas - Malkhana register not produced from which it could be ascertained whether recovered article were kept in malkhana of concerned police station or not - Prosecution failed to prove its case beyond reasonable doubt - Conviction set aside..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(II)(c) -- Recovery of 4.050 kg charas - Recovery of charas from possession of accused made in contravention of mandatory provisions of the Act - Presence of lady constable at place of occurrence, evidence regarding weighing of recovered articles and source of light at the place of occurrence very doubtful..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(II)(c) -- Recovery of 4.050 kg charas - Search and seizure - Contradiction found between statement of PW regarding presence of lady constable at the place of occurrence - Prosecution failed to produce reliable evidence regarding source of light at the time and place of occurrence - Accused allegedly caught..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 4.050 kg charas - Non-compliance of S.42 of the Act - Where office/residence of Senior Police Officer/Gazetted Officer and Magistrate were within one kilometers from concerned police station, failure of PW1 to inform him in writing as well as failure of prosecution to produce written..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 7 bags of poppy husk - Recovery effected from vehicle - Personal search of accused was carried out and vehicle was also searched - Compliance of S.50 of the Act thus, mandatory...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 7 bags of poppy husk - Non-compliance of mandatory provision of S.50 of the Act - ASI apprised both accused about their right to get search conducted in presence of some gazetted officer or Magistrate - Both accused reposed confidence in ASI - Personal search of accused was carried out and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 bags of poppy husk - Search and seizure - Complainant and I.O same person - Accused have not taken the plea of being biased by investigation carried out by complainant - They were given ample opportunity to defend themselves and to adduce evidence in support of their case - Accused were not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Bail - Offence u/s 307, 34 IPC and S.25 Arms Act - Main accused misused petitioner by taking him along on motorcycle on some false pretext - Petitioner was not aware that main accused would commit some crime as alleged in FIR - Motorcycle recovered from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of heroine - Defect in investigation - Not caused any prejudice to accused - Conviction upheld...........
