Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 54 kg poppy husk - Recovery made from Car - PW7 who himself is a Gazetted Officer was very much present - There is procedural compliance with respect to arrest, seizure and recovery - Delay in sending sample for FSL report is not fatal to prosecution case as orders have been obtained from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Recovery of 250 quintal poppy straw - Petitioner was not apprehended from the spot - He was implicated only on the basis of disclosure statement of co-accused recorded u/s 27 of Evidence Act - No recovery has been made from possession of petitioner - Neither he is owner of vehicle in which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 30 kg poppy husk - Non-compliance of provision of S.52-A of the Act - Samples were not drawn in the presence of Magistrate - There is thus, lapse on the part of I.O to comply with provisions of S.52-A of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 30 kg poppy husk - Personal search of accused was also conducted along with recovery of poppy husk from the truck - It is thus, obligatory on the part of I.O to produce accused before nearest Magistrate - There is thus, non-compliance of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Representative samples were sent after a delay of 11 days to Chemical Examiner - This delay amounts to violation of Standing Order No.1 of 1988, issued by Narcotics Control Bureau, which mandates sending of sample to chemical Examiner within 72 hours - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - ASI/PW5 is the complainant and he also conducted investigation - Entire investigation stands vitiated on this account - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Non-joining of independent witness - Place of recovery is a busy road and there are residential and commercial establishments - No explanation is forthcoming as to why independent witnesses were not joined - Failure of I.O to associate an independent witness at the time of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35 -- Contraband - Presumption of culpable homicide - Allegation that accused provided his tractor trolly to co-accused for transporting poppy husk - However, there is not even an iota of evidence that accused knew about co-accused transporting poppy husk in his tractor trolly or that he had permitted them..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 15(c), Evidence Act, 1872, Section 114(g) -- Recovery of poppy straw - Burden of proof - Burden heavily lies on prosecution - Non-production of physical evidence would lead to a negative inference within the meaning of S.114(g) of Evidence Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of poppy straw - Non-compliance of provision of S.52-A of the Act - Prosecution permitted to keep the seized materials within the police station, to be produced at a later point of time by trial Court - This itself is a sufficient indication that the mandate of S.52-A of the Act has not been..........
