Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Non examination of all the witnesses - Held, if evidence adduced by prosecution is sufficient to warrant conviction then it is not necessary for prosecution to examine all the witnesses cited by them...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Compliance of S.42 of the Act - Where a search is conducted by a gazetted officer himself acting u/s 41 of NDPS Act, it is not necessary for him to ensure compliance of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Compliance of S.50 of the Act - Offer to search given to accused in writing and on his giving consent he was accordingly searched - Held, provision of S.50 of the Act complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 250 gms charas - Conscious possession - Accused was apprised of his legal right to be searched before a Magistrate or a Gazetted Officer - Consent memo was prepared - Case property was produced before SHO and same was resealed with seal impression and sent to FSL also - Samples have reached FSL..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Appeal against conviction - Recovery of 830 gms charas from car - Accused `M' driving car whereas accused `S' sitting with him - No evidence on record to show that accused were in conscious and exclusive possession of contraband - Moreover, there is no connectivity with regard to recovery of contraband by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg charas - Non-association of independent witnesses - Place of incident was not a secluded place - Non-association of independent witnesses by police in such situation, raises serious doubts about truthfulness of version of story of prosecution - Prosecution otherwise also not able to give..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg charas - Inconsistencies and contradictions in the testimony of police witnesses - Material on record gives a looming impression that testimony of police officials is neither cogent nor it is trustworthy - No independent witness worth its name was associated by police to corroborate its..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 464 gms charas - Charas recovered from bag of accused - S.50 of the Act not attracted - Question of no, compliance of provision of S.50 of the Act, does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 464 gms charas - Recovery effected from bag of accused when he was travelling in bus - Search, seizure, sampling proceedings were completed at the spot strictly in accordance with law - Case property was produced before PW11, who resealed the same with six seal impressions - PW2 and PW9 though..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 7.400 kg charas - Non joining of independent witness - Recovery effected from the car of accused - It was secluded place where car was stopped and it was also dark there - Investigation could not be carried out at the spot and in such circumstances PW4 brought the car along with other..........
