Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 23 -- Recovery of 5 kg 120 gms charas - Search and seizure - PW1 admitted that seal which was used on the spot was not found affixed on charas which was produced in Court - I.O. stated that recovered charas bore seal of complainant - More so, there is difference in seal affixed on the contraband and its..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 23 -- Recovery of 5 kg 120 gms charas - Search and seizure - No evidence on record keeping sample of alleged recovered contraband, remainder and sample seal in safe custody in Malkhana, till sample along with sample seal was sent to FSL and remainder contraband substance was produced before Court - This..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii)(a) -- Recovery of 5 kg 120 gms charas - Definition of Charas u/s 2(iii)(a) of the Act, nowhere mentioned that there should be certain percentage of resin in substance before it could be called charas - There was thus, no need to ascertain percentage of resin in stuff recovered from accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 5 kg 120 gms charas - No report of arrest was prepared by police party making arrest of accused and seizing contraband substance from accused - Question of having sent any such report to higher authorities does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 23 -- Recovery of 5 kg 120 gms charas - Search and seizure - Accused consented to be searched by arresting party instead of being searched before a Magistrate or Gazetted Officer, it was more essential in such situation to send a report to their higher authorities after arrest of accused and seizure of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 22.750 kg Ganja from accused no.2 - Non-compliance of S.42(2) of the Act - Secret information - Recovery effected from public place - Compliance of S.42(2) of the Act is thus, not necessary - Accused no.2 rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42(1), (2) -- Contraband - Search and seizure - Search and seizure by a gazetted officer u/s 41(2) of the Act would not attract requirements of S.42(1),(2) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42(1), (2) -- Recovery of 136.1 kg Ganja from accused no.1 - Non-examination of gazetted officer who conducted search would show that best evidence with regard to search conducted by him in terms of S.41(2) of the Act is withheld - Such lacuna in prosecution case cannot be filled up by referring to evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1), (2) -- Recovery of 136.1 kg Ganja from accused no.1 - Non-compliance of S.42(1), (2) of the Act - Recovery effected from tenanted premises of accused no.1 - S.42 of the Act is got attracted - However, immediately after search, information giving rise to search was neither diarized nor sent to superior..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Recovery of 25 gms heroine - Recovery effected from co-accused - Nothing recovered from petitioner - Moreover, petitioner already joined investigation and he is not required for custodial interrogation - No useful purpose will be served by..........
