Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 80.600 kg poppy husk - Independent witnesses not supported the prosecution case - Contradictions were found in the statements of police officials with regard to search and seizure of contraband, which shrouds clouds of suspicion over the case of prosecution as to whether in fact contraband was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 23 -- Recovery of 8.700 kg hashish - Secret information - Parcel destined for Israel recovered at DHL office - None of PWs disclosed as to when and how accused was arrested and by whom - No witness to arrest of accused produced - Various discrepancies regarding recovery of case property - Exact..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Recovery of small quantity of 40 gms ganja - Illegal seizure of vehicle - Vehicle in question was simply driven by driver/accused and in his possession a small quantity of ganja was seen - Vehicle not used for carrying or transporting ganja - Detecting Officer quite mechanically acted without knowing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of smack - Non-association of independent witnesses - No reasonable efforts were made by official witnesses to find independent witnesses so that they may join the search - After following some formality two constables were made independent witnesses and all proceedings were conducted in their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of smack - Non-compliance of S.50 of the Act - Recovery effected on the suspicion that some contraband goods may be in possession and that they tried to run away from the place of incident seeing police party - In such situation provision of S.50 of the Act were required to be followed - Having..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 85, 50 -- Recovery of 50 gms smack - Contents of notice u/s 50 of the Act duly explained to accused before conducting her search - Testimony of Official witnesses that contraband recovered from possession of accused is trustworthy and their testimony coupled with CFSL report brings the case of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 85 -- Recovery of 50 gms smack - Reduction of sentence - Accused convicted and sentenced to 10 years RI - Accused already undergone 3 years and 6 days incarceration for possession of 50 gms of smack - Keeping in view the beneficial provisions of amended NDPS Act of 2001 sentenced reduced to period..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 4 kg charas - Petitioner neither arrested from the spot nor any recovery was effected from him - He was framed in the case on the basis of disclosure statement of co-accused - Petitioner is already in custody since September 2016 but challan..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 42(2) -- Recovery of 95 kgs ganja - Non-compliance of S.42 - Secret information received by inspector of BSF which was passed to Sub inspector without taking any action and Sub inspector after recording same in general diary intimated orally over telephone to his superior - Non-compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 42(2) -- Recovery of 95 kgs ganja - Independent witnesses of recovery - He put his signatures on a paper not knowing as to whether it was a written paper or a white paper or it was a seizure list or something else - His evidence is totally vague - However, evidence of PWs 1, 2, 4, 7 & 8 clearly..........
