Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 9.100 kg opium - Grave discrepancy regarding safe custody of samples - Seizure Officer when confronted with the physical appearance of the exhibited articles candidly agreed that exhibited articles did not bear any signatures, seals or other identifying marks so as to connect them with the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Ganja - Non production of material exhibit during course of trial - Ganja stated to be kept in Malkhana but Malkhana register not produced - Material exhibit not produced before Court - Sample also not produced in order to corroborate oral evidence - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 154 -- Recovery of 19 bundles of ganja - Ante timed FIR - Two PWs who prepared the chek FIR and G.D. entry were withheld by prosecution during trial and relevant G.D. entries were suppressed deliberately - No evidence on record that FIR lodged at the time mentioned in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 154 -- Recovery of 19 bundles of ganja - Ante timed FIR - Recovery becomes doubtful and untrustworthy in absence of any corroboration by any other evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 19 bundles of ganja - Non-compliance of mandatory provision of S.42(1), (2) of the Act - Secret information - PW1 deposed that he had given the information about recovery, arrest and seizure of contraband articles to superior officer without disclosing any date and time - More so, there is no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 19 bundles of ganja - Non-compliance of provision of S.57 of the Act - No evidence on record that PW1 after arresting accused and seizing contraband articles from their vehicle within 48 hours next after such arrest or seizure had made a full report of all particulars to his immediate official..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 19 bundles of ganja - Quantity of contraband - Prosecution failed to prove the quantity of contraband - It is doubtful as to whether offence if any committed by accused u/s 20 of the Act, involves commercial quantity - Prosecution even failed to prove any reliable evidence that arrest, recovery..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Indian Penal Code, 1860, Section 471, 474 -- Recovery of 100 bags out of which 2 bags were containing 20 kg each of poppy straw and remaining 98 bags were containing 40 kg each poppy husk - There is no iota of truth in prosecution version as asserted in FIR and contents of FIR are false which clearly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- False implication - Infringes right under Article 21 of the Constitution of India - It needs to be examined whether a nodal agency can be constituted to supervise investigation pursuant to an FIR to ensure that no innocent citizen is involved in a false case under NDPS Act - Matter may be examined by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18(b) -- Recovery of 1 kg Opium - Non-joining of independent witnesses - Not material when there is no secret information on record and accused apprehended all of sudden on basis of suspicion...........
