Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(C) -- Recovery of 25.100 kg ganja - Difference in weight of samples - There was substantial difference in each of samples received by FSL - This clearly establishes that weight of contraband was not precise - Traditional scale was used to weight a contraband - Moreover, weight of ganja was with greenish..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(C) -- Recovery of 25.100 kg ganja - Non-joining of independent witness - Some passengers were asked to join the proceedings by police officials but they refused to join the same - Non-joining of independent witnesses in such situation, does not raise any adverse inference against police officials as there..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 25.100 kg ganja - Quantum of sentence - Accused had undergone 6 years 11 months and 25 days of sentence - However, in view of the fact that conviction of accused is modified to S.20(b)(ii)(B) of the Act, in which there is no minimum sentence, substantive sentence of accused is thus..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 21, 22, 23, 61, Passport Act, 1967, Section 3, 34, 20, Arms Act, 1959, Section 25A, Information Technology Act, 2000, Section 66F, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 27 packets weighing 26 kgs 890 grams heroin, one packet weighing 540 grams opium, two pistols, two SIM cards and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 8, 15 of NDPS Act - Accused was not present at the time of recovery as he was arrested after more than 2 years of recovery - Except interrogation note of co-accused recorded by I.O, there is no independent evidence so as to connect accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 31 kg ganja and 149 numbers of Cannabis plants - Cultivation of ganja without any authority or licence - Non-compliance of S.42(2) of Act - Secret information - Information received when PW6 was on move and immediate superior officer was not present - PW6 noted down the said reliable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 31 kg ganja and 149 numbers of Cannabis plants - Cultivation of ganja without any authority or licence - Search and seizure - Accused acquitted Viz. (i) Independent witnesses not supported the prosecution case; (ii) No documentary evidence on record which proved that house or the bari where..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 580 kg poppy straw - Officer in charge of concerned Police station or empowered officer is under legal obligation to draw representative samples, prepare inventory and have photography done of seized contraband in presence of concerned Magistrate - Thereafter there would remain no need to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 580 kg poppy straw - Non-compliance of provision of S.52-A of the Act - Factum of recovery - I.O neither prepared inventory, photography and samples u/s 52-A of Act, nor were seized goods produced and exhibited in Court in the self same condition, thus there is no option but to discard the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 580 kg poppy straw - Independent witnesses not supported prosecution case and turned hostile - Information given by accused u/s 27 of Evidence Act and the site plans prepared in pursuance thereof were totally inconsequential and could not have been used as admissible pieces of evidence -..........
