Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 40 grams smack - Appeal against conviction - Reduction of sentence - Accused convicted and sentenced to undergo R.I. for a period of one year and to pay fine of Rs.10,000/- and in default of payment of fine to further undergo R.I. for period of 3 months - Accused is first offender and only..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 14.5 Kg. of Charas - Appeal against acquittal - Contraband was recovered from car and not from abandoned motorcycle - Prosecution proved that accused were found in possession of contraband - Even, case property remained intact from its seizure till its production in Court - Since contraband was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 7 kg charas - Conscious possession - Accused apprehended from isolated and desolate place - No independent witness was found at the spot - Statements of official witnesses inspire confidence - Case property was duly deposited and entry was made in malkhana register - Seals were found intact and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25 -- Contraband - Direction as to registration of cases against owners, occupiers, control of houses where contraband is recovered - Police throughout the State of H.P directed to register the cases against owners or occupiers or having control or use of any house, room, enclosure, space, place, animal or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 22, 29, 67 -- Recovery of 2022.20 kgs poppy pods - Appeal against acquittal - No evidence led by prosecution that accused No.1 purchased goods from accused No.2 - Even, as per documentary evidence no statement u/s 67 of the Act of accused No.1 recorded by I.O. in respect of muddamal lying in godown - None of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 22, 29 -- Recovery of 2022.20 kgs poppy pods - Appeal against acquittal - Conscious possession - Nothing on record to prove that godown from where contraband recovered was hired by accused No.1 from owner of property - Even, I.O. not recorded statement of neighbours nearby to raided premises - Moreover,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 22, 29, 42 -- Recovery of 2022.20 kgs poppy pods - Appeal against acquittal - Non-compliance of S.42 of the Act - No cogent evidence given by prosecution as to when and with whom letter was forwarded to higher authority - Even, there is no evidence that resolution passed for making search of godown was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 22, 29, 42 -- Recovery of 2022.20 kgs poppy pods - Appeal against acquittal - As per prosecution witness, muddamal bags transported in his private vehicle but he has not stated that bags were transported to godown - Even, prosecution witness are silent with regard to filling of bags of contraband - Moreover,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 300 gm charas - Recovery from bag which was being carried by accused and not from the person of accused - Provision of S.50 of the Act is not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 300 gm charas - Independent witness not supported prosecution case, as he stated that no search and seizure was carried out at the spot - Testimony of official witnesses does not inspire confidence - NCB form demonstrate that FIR no., date and provisions of NDPS Act under which FIR was lodged..........
