Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 500 gms charas - Notice u/s 50 of the Act properly served to accused, as they were offered to get themselves searched in presence of gazetted officer or a Magistrate before conducting search - There is thus, mandatory compliance of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 500 gms charas - Testimony of police officials - PWs remained unshaken with regard to conducting of raid and apprehension of accused as well as co-accused with the contraband - Testimony of raiding party members also duly corroborated by CFSL report, which shows that when sealed sample was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 500 gms charas - Reduction of sentence - Accused already undergone about 8 months of incarceration for possession of 500 gms of charas - As per sentence awarded to accused, he would have completed 10 years in the year 2005 if he remained confined in jail for the said period - Sentence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 500 gms charas - Official witnesses stated in same breath that raid was conducted in which accused and co-accused were apprehended with contraband - Contents of notice u/s 50 of NDPS Act were duly explained to accused before conducting his search - Testimony made by official witnesses including..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 500 gms charas - Reduction of sentence - Accused already undergone about 8 months of incarceration for possession of 500 gms of charas - He was arrested in 1995 and he would have completed 10 years in 2005 if he remained confined in jail for the said period - Keeping in view the beneficial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Appellant not apprehended on the spot - No recovery made from the possession of accused or his presence from the house alleged to be belonging to accused - Recovery at the instance of co-accused from the house of accused, even if admitted may not be sufficient to prosecute the accused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 16 kg Bhukki - Delay occurred in sending samples to FSL - No evidence on record to show that where samples were kept after same were taken - Neither Malkhana register produced nor I.O produced - Prosecution failed to prove its case - Accused rightly acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(c) -- Recovery of 3 kg charas - Sample of charas weighing 100 gms but FSL received only 30 gms - Serious doubt arises about the sample itself - Accused to be acquitted solely on this ground - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(c) -- Recovery of 3 kg charas - Non production of six PWs which include I.O and SHO - Conviction unsustainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Contraband - Confession - Statement made by accused is voluntary, which was never retracted by accused - Confessional statement specifically read out to accused in the language which he understood, and only thereafter he put his signatures - In the absence of any retraction to such statement, accused..........
