Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 6.600 kg ganja - False implication - Search and seizure was made in presence of Gazetted officer and two public witnesses - Seizure list prepared on the spot contemporaneously lends credence to evidence of said witnesses - No motive attributed to police witnesses for false case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Evidence Act, 1872, Section 91, 92 -- Recovery of 3 kg ganja - Independent witnesses - Admitting their signatures on recovery memo - Estopped to orally resile from the contents thereof...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 21 kg ganja - Anomaly in weight of sample sent for chemical examination - Would not affect merits of case, as same may be due to standard of weighting scale, weight and/or weight of packet in which it was kept...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 21 kg ganja - False implication - Accused in his statement recorded u/s 313 Cr.P.C. stated that he was falsely detained in dacoity case earlier and later on he was tagged in present NDPS case - PW7 admitted that accused was earlier detained for theft case - PW5 also admitted that he..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 21 kg ganja - Search and seizure - Contraband articles were not shown during trial for identification - Even no such contraband produced before Gazetted Officer or I.O for identification - PW5, who made search and seizure of case, admitted that there was no label on gunny bag..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), Motor Vehicles Act, 1988, Section 179 -- Recovery of 120 kgs ganja - Commercial quantity - Transportation of ganja - Petitioners were in front vehicle performing role of escorting the second vehicle in which contraband was found - Non-stopping of vehicles in spite of signal, speeding away the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 42(2) -- Recovery of 95 kgs ganja - Non-compliance of S.42 - Secret information received by inspector of BSF which was passed to Sub inspector without taking any action and Sub inspector after recording same in general diary intimated orally over telephone to his superior - Non-compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 42(2) -- Recovery of 95 kgs ganja - Independent witnesses of recovery - He put his signatures on a paper not knowing as to whether it was a written paper or a white paper or it was a seizure list or something else - His evidence is totally vague - However, evidence of PWs 1, 2, 4, 7 & 8 clearly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22 -- Recovery of 136 kgs ganja - Samples were taken out independently counting 12 in numbers - However, I.O had not affixed the serial no. over the same - I.O had not even mentioned the fact as to how much quantity has been taken out for that purpose - There is inconsistency in evidence of PW over the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Recovery of 50 kgs ganja - Commercial quantity - Case based on deposition of PW2 - Though two independent witnesses were obtained but they refused to join the investigation - Names of these two witnesses were stated by PW2 - Mandatory provisions of NDPS Act duly compiled with - Material..........
