Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 720 kg poppy husk - Three accused were convicted for the alleged offence - There is no mandate for prosecution to establish the inter se relations between accused persons, as it is not necessary that these types of activities can only be carried out by persons related to each other - Moreover,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 720 kg poppy husk - Conscious possession - Though no specific question regarding conscious possession has been put to accused, however, omission in the statement u/s 313 Cr.P.C. is no ground to vitiate the conviction, as no prejudice is caused to accused from said omission and nor it causes..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 720 kg poppy husk - Conscious possession - Accused persons apprehended on the road while carrying 18 bags containing 40 kg of poppy husk in each bag loaded in tractor-rehra - Accused in possession of contraband, proved on record - It is for accused to explain how they came to be in possession..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 720 kg poppy husk - False implication - Defence adduced by accused that they were falsely implicated by police officials cannot dislodge consistent, cogent and reliable testimonies of PWs - Moreover, if motive of police officials was to falsely implicate accused, there was no need to plant such..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 2 kg 500 gm poppy husk - Non-joining of independent witness - Place of recovery public place - I.O had ample opportunity to associate independent witnesses, however, no independent witness was associated - Explanation given by I.O that he requested many persons but they refused to join..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 2 kg 500 gm poppy husk - Seal after use was entrusted to PW2 by I.O, but he does not remember as to when and to whom seal of I.O was handed over to him - It shows that no seal was entrusted to him - More so, PW2 has nowhere stated that on reaching police station, accused, case property and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 2 kg 500 gm poppy husk - Chance recovery - Search and seizure - In ruqqa I.O mentioned that he suspected some contraband in the possession of accused - But in consent memo I.O has clearly mentioned S.15 of Act, which shows that I.O was determined to get the case registered against accused u/s..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 2 kg 500 gm poppy husk - No material on record that Officer i, charge of Police Station prepared any inventory and got it certified from Magistrate - Deliberate no, compliance of S.52-A of Act coupled with no, joining of independent witness, would render the prosecution story doubtful -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 1.980 kg charas - Case property not produced before SHO for resealing - Resealing is required to be done to ensure that contraband was recovered from the conscious possession of accused and all the codal formalities were completed on the spot - Resealing not done and no explanation why..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1.980 kg charas - Case property produced in Court - Person who brought case property from malkhana to Court not examined - Entry in malkhana register to effect that who has taken the property to Court, is necessary as per Punjab Police Rules, as applicable to State of H.P - It casts doubt..........
