Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Non-joining of independent witness - Recovery effected from public place - Police party thus, had ample opportunity to associate an independent witness but it failed to do so - Non-joining of independent witnesses thus, fatal to prosecution case, particularly when testimonies of official..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Contradictions in testimony of official witnesses - Complainant himself assumed role of investigator as such there is every likelihood of causing serious prejudice to accused - Independent witness not joined by prosecution - Credence in defence version to limited extent that there was some..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Offence u/ss 21, 29 NDPS Act - Recovery of 265 grams heroin - Petitioner has undergone custody period of more than one year and no other case of NDPS Act is against him - Even, single prosecution witness has not been examined - Moreover, all..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Offence u/ss 21, 29 NDPS Act - Considering the custody period undergone by petitioner and keeping in view that even single prosecution witness has not been examined and all prosecution witnesses are official witnesses and there is no possibility that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 15 ceripex tablets and 9 noxious biscuits - Non-joining of independent witness - Accused arrested from platform of Railway station - Official witnesses stated that passengers who frequented the platform may not be willing to come forward and assist police - However, police failed to ask names..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 200 tablets of Carisoma - Contraband shown to have been recovered from 2 accused persons as the carry bag containing said substance fell down on earth and was intermixed - All witnesses are official witnesses and there..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 29 -- Bail - Offence u/ss 15, 25, 29 NDPS Act - Recovery of 143 kgs poppy husk - All prosecution witnesses are official witnesses and there is no possibility that petitioner may influence them or tamper with the evidence - Even, trial may take some time to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 of NDPS Act - Recovery of 2050 tablets - Only 10 tablets out of huge recovery of 2050 tablets were sent for chemical examination - Even, there was no batch mark on the tablets - Moreover, petitioner is in custody since the date of his arrest..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 50 Kg. Poppy husk and 30 Kg. Chura Dana Posat (Poppy seeds) - Recovery of poppy husk is non commercial and poppy seeds do not fall under the purview of NDPS Act - No other case against accused - All the prosecution witnesses are official..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of intoxicant powder - Search was not conducted in presence of either Gazetted Officer or Magistrate - No independent officer was joined at the time of alleged recovery - Alleged intoxicating powder which was recovered from petitioner, as per FSL..........
