Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of Charas and Poppy straw - Search and seizure - No material on record that samples were kept in safe custody after they were brought in Police Station till the time they were deposited with FSL - Two different stories emerge with regard to search of vehicle and recovery of contraband -..........
Indian Penal Code, 1860, Section 302, 149, 147 -- Murder - Deceased and complainant coming together on a scooter when accused attacked deceased - Deceased was inflicted injuries by accused but complainant did not receive a single injury - Presence of complainant is highly doubtful at the place of occurrence - Accused were armed with rifle and hockey stick, but medical..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 4 kg charas - Sampling process - I.O after having sealed sample should have kept said seal on sapurdnama of an independent person or a person other than his subordinate who was not posted in said Police Station or was not under his command or control - This infraction itself is a ground for..........
Evidence Act, 1872, Section 27, Arms Act, 1959, Section 25 -- Disclosure statement - Recovery of weapon of offence - Offence u/s 25 of Arms Act - Place of recovery was assessable to everyone - No independent witness had been joined at the time of recovery as villagers has shown their inability - I.O had not given any notice to any of witnesses and no action was taken..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 27A -- Recovery of 29.500 kg Ganja - Search and seizure - I.O did not substantiate as to where seized ganja was kept at the police station - Malkhana register was not produced in Court to ensure that on the date of seizure seized articles were kept in custody of some person other than informant nor..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Recovery of 2 kg charas - Appeal against conviction - Accused acquitted on following grounds: (i) No evidence that recovered contraband was kept intact in malkhana; (ii) personal search of accused not conducted before a Magistrate or any Gazetted Officer and there is no consent letter of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 22(c) -- Recovery of 17 ampoules of Buprenorphine and 12 ampoules of Diazepam injection along with some syringes and needles - Delay in producing contraband substance in Court - There is unexplained delay in producing seized substances before Court and absence of evidence as to how and in what condition..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 126 gms Charas - Place of occurrence - Stated by Police Sub Inspector to be 500 meters from Police Station whereas in FIR it is mentioned as 2 Km. - Two distances are quite distinguishable - It casts doubt about place of occurrence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 18(b) -- Recovery of 2 kgs 750 gms opium - Independent witnesses not supported prosecution case - However, non-support of independent witnesses, who have admitted their signature on each and every document prepared on the spot and do not offer any plausible explanation, does not create any doubt towards..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 18(b) -- Recovery of 2 kgs 750 gms opium - Contention that crime no. mentioned in Articles sealed on the spot, creates a serious doubt that recovery proceedings were taken out on the spot - However, all three packets were produced and again sealed at police station - Evidence on record thus, shows that..........
