Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Contraband - It is neither necessary nor desirable to weigh evidence meticulously to arrive at a positive finding as to whether or not accused has committed offence under NDPS Act - What is to be seen is whether there is reasonable ground for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Contraband - Power to grant bail to an accused for the offence under NDPS Act is not only subject to the limitations imposed u/s 439 of Cr.P.C. but it is also subject to the restrictions placed by S.37(1)(b) of NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 378(3) -- Recovery of 500 gms charas - Appeal against acquittal - Leave to appeal - Grant of - No independent witness examined by prosecution and only official witnesses are examined - No evidence on record that official witnesses had hostile animus against accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 378(3) -- Recovery of 1.150 kg charas - Appeal against acquittal - Leave to appeal - Accused acquitted on the concept of two views theory - When two contradictory views are possible as per testimonies of eye witnesses then view favorable to accused should be adopted by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 720 kg poppy husk - Non-entrustment of seal to independent witness - Independent witness not examined and given up as having been won over by accused - Non entrustment of seal to independent witness and his non examination is no ground to reject the prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 720 kg poppy husk - Non-collection of evidence regarding vehicle in question - Not a ground for acquittal of accused when recovery of contraband from possession of accused is otherwise established...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 720 kg poppy husk - Delay of 5 days in sending sample to FSL - Mere delay of 5 days in sending sample to FSL is not fatal to prosecution case, particularly when sample parcels remained intact and were not tampered with at any stage and seals were found intact...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 720 kg poppy husk - Secret information - Neither reduced into writing, nor I.O informed any police officer immediately after receipt of secret information - However, said fact is not fatal to prosecution case, as I.O was not present in police station and was on move on patrol duty - On..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 720 kg poppy husk - Non-examination of independent witness, who was won over by accused, is no ground to discredit the testimonies of official witnesses, which are otherwise credible and inspires confidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 720 kg poppy husk - Mere fact the hook of cart was found broken when same is produced to Court is no ground to doubt prosecution case, as cart was produced after about 2 years, which was parked in police station - Moreover, factum of 18 bags containing 40 kgs poppy husk in each bag loaded in..........
