Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(c), 54, 35 -- Recovery of 20.774 kgs of hashish - Conscious possession - Contraband was concealed in covers of Tibetan religious books to avoid its detection - Prosecution has proved accused's conscious possession and control over the contraband - Thus, once possession is established, person who claims that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Recovery of 29.500 kg poppy husk - Merely because accused was seen standing on the spot and co-accused had run away from the spot which ultimately stood acquitted, knowledge of conscious possession of poppy husk cannot be put to accused for recording his conviction for a serious offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Recovery of 29.500 kg poppy husk - It is for the prosecution to prove that samples were intact and were not tampered with by anybody or were put in a sealed and proper condition - Benefit of doubt in the absence of such evidence would go to accused and not to prosecution - Trial Court committed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 100 gms smack - Secret information - Search and seizure - Notice u/s 50 of NDPS Act duly served to accused, as contents of notice were explained to accused before conducting search - Testimony of official witnesses as to conducting of raid and apprehension of accused is trustworthy and their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 100 gms smack - Reduction of sentence - Accused already undergone about 3 years 7 months and 25 days incarceration for possessing 100 gms of smack - He was arrested in 1999 and as per sentence awarded, he would have completed 10 years in the year 2009, if he remained confined in jail for said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 21 kg ganja - Non-compliance of S.42 of the Act - Search made at a public place - Ganja recovered and seized from bag carried on a bicycle - Provision of S.43 would apply and not S.42 of the Act - There is thus, no requirement for compliance with provision of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 21 kg ganja - Non-compliance of S.50 of the Act - Recovery effected from bag found in possession of accused - No contraband articles were seized from person of accused - S.50 of the Act not applicable to facts of case - Contention regarding no, compliance of S.50 of the Act is without any..........
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..........
