Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Contraband - Inordinate delay in sending sample to FSL - Parcel sent to S.P. office for issuance of forwarding letter - However, prosecution failed to establish as to who had taken sample parcel to office of S.P - Possibility that sample was tampered with cannot be ruled out - Accused rightly acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Recovery of 6.150 kg opium - Merely because panch witnesses not supported the prosecution case, it cannot be said that police concocted various documents and framed a false case to persecute the accused, particularly when they have not denied their signatures on various documents...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 6.150 kg opium - Secret information recorded and reduced into writing - Since there was paucity of time PW5, who received the information had reasonably felt that if efforts are made to obtain search warrant, culprits can escape, therefore memorandum was prepared in this behalf and copies of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 6.150 kg opium - Non-compliance of S.52-A of the Act - Both the packets of samples were produced before Court and duly marked - It is not the case of prosecution that seized substance was changed with some other substance - Provisions of S.52-A of the Act is thus duly, compiled with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6.150 kg opium - Non-compliance of S.50 of the Act - Contraband recovered from dicky of motorcycle and not from person of accused - S.50 of the Act thus, not applicable - However, since accused were apprised their right to be searched before Gazetted Officer or nearest available Magistrate and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 6.150 kg opium - Non-compliance of S.57 of the Act - PW5 stated that detailed report with regard to seizure and arrest was prepared and was sent on the same day to additional SP, which is corroborated by PW2 - Compliance of S.57 of the Act is thus, duly proved...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8.18(b) -- Recovery of 6.150 kg opium - Conscious possession - Recovery effected from dicky of motorcycle - Co-accused was just a pillion rider and not a owner of motorcycle - No evidence on record that he had knowledge of contraband being kept in the motorcycle - Place from where co-accused took the lift was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Recovery of 6.15 kgs of opium from dikki of motorcycle - Appeal against conviction - Provisions of Ss.55, 57, 50 duly complied with - Accused "G" being registered owner of motorcycle, it logically flows that accused was in conscious possession of contraband - Conviction upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Appeal against conviction - Pillion rider - Recovery of 6.15 kgs of opium from dikki of motor cycle - Accused "P" pillon rider not owner of motorcycle - No evidence on record that he has knowledge of contraband being kept in motorcycle - No evidence to show from where accused "P" took lift from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 63, Criminal Procedure Code, 1973, Section 451 -- Vehicle seized for transporting narcotic drugs - Can be released on Sapurdari invoking provision of S.451 Cr.P.C...........
