Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(a)(i) -- Cultivation of ganja without any authority or licence - Ownership of field where ganja is cultivated not a pre-requisite or an ingredient to prove the cultivation in as much as a person can cultivate a land belonging to others having no ownership on the land, can commit the crime by planting the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(a)(i) -- Cultivation of ganja without any authority or licence - Appellant allegedly found watering the plants which were found to be hemp plants with a bucket - However, neither the presence of any water source nearby was deposed by PWs nor bucket was seized - Evidence of official witnesses adduced to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 20(b)(ii)(C) -- Nature of offence - Recovery of 22 kg ganja - Discrepancy in weighment of samples - Samples were found to be more than 100 gms less in weight than 1 kg, when it reached FSL - Instead of electronic weighing scale, normal weighing scale used for weighment - More so, description of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 35 -- Appeal against conviction - Recovery of 95 kg and 450 gms ganja from rickshaw van - Conscious possession - There is no dispute that accused was carrying contraband in rickshaw van driven and occupied by them, therefore, these circumstances lead to conclusion that accused were in conscious..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b) -- Recovery of 5 kgs ganja - Recovery from house - Accused not owner but in sole possession of house - Factum of ownership is irrelevant and does not exculpate the accused - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b) -- Recovery of 5 kgs ganja - Reduction of sentence - Poor socio-economic conditions of accused and fact that accused facing trial for more than a decade is no ground for reduction of sentence - Taking into account the seriousness of offence committed by accused and large quantity of ganja involved in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 313.250 kg ganja - Search and seizure not conducted complying with the provisions of law - Delay in lodging FIR - Seizure of ganja was not proved as ten packets of ganja recovered from the possession of accused but it is impossible for accused to carry 10 packets of 15 kg. each in his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 313.250 kg ganja - Non-production of weighment machine - Production and exhibiting the weighment machine on the basis of which weight of seized ganja was recorded, is required only in case of contradiction of vital evidences...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 11 Kgs of ganja - Non-joining of independent witness - Both DSP and I.O has deposed that public persons were available at the spot but none of them willing to join the investigation as an independent witness - Consistent statement of both DSP and I.O enhances the veracity of circumstances as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 11 Kgs of ganja - Secret information - Recovery affected from house of accused - Accused fled away on seeing police party after scaling wall in presence of 5 police constables - Accused acquitted on the ground that it was not explained by prosecution that how accused fled away in presence of 5..........
