Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 60 kg ganja - Independent witnesses turned hostile - Case is based only on evidence of I.O and other police witnesses - Material contradictions in statements of police witnesses and I.O - Dates are also wrongly mentioned in some of relevant documents - In the Malkhana register also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 439, Criminal Procedure Code, 1973 -- Bail - Recovery of 76 kg poppy husk - Seizure officer first took 500 gms of poppy husk from each bag, then he mixed the same and thereafter took samples from that mixture - He thus, did not collect separate samples from each bag - Even, test by U.N. Kit was also not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - Production of case property in Court - If seizure is otherwise not in doubt, there is no requirement that the entire material ought to be produced before Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - If seizure is otherwise proved, what is required to be proved is the fact that the samples taken from and out of the contraband material were kept intact, that when the samples were submitted for forensic examination the seals were intact, that the report of the forensic..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - Seizure memo - Proof - Signature of accused - At no stage even a suggestion was put to the witness that either the signatures of the accused were taken by fraud, coercion or mis-representation or that the signatures were not of the accused or that they did not understand..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 18 -- Recovery of 12 kg opium - Investigation of case was conducted by I.O not holding substantive rank of Sub-Inspector and thus, was not competent to carry out investigation of case, which would be per se illegal and has affected prosecution case, rather it has vitiated trial - Trial Court noted various..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 1 kg 400 gms charas - Non-joining of independent witnesses - Existence of nearby residential locality - However, no efforts were made by patrolling party to join any independent witness in the proceedings - Prosecution thus, failed to prove guilt of accused beyond shadow of doubt...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg 400 gms charas - Search and seizure - Where personal search of accused was carried out, compliance of S.50 of the Act was mandatory...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg 400 gms charas - Non-compliance of S.50 of the Act - Giving of third option - Consent memo obtained from accused shows that in addition to two statutory options of search before Magistrate or Gazetted Officer a third option was given to accused from getting himself searched before any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 1 kg 400 gms charas - Weighing of contraband not done at the spot - IO/Incharge of police party is expected to carry weighing scale, while proceeding on patrolling duty or Nakka alongwith accompanying police personnels - Stand taken by police party that because of not possessing a..........
