Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of 702 kg poppy - Petitioner not directly involved in business in poppy, as business is conducted by her father - Licence stands in the name of father of petitioner - Moreover, weighment of stock of poppy was not conducted in a proper manner..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25 -- Recovery of 330 kg poppy husk - Recovery effected from tractor trolley - Driver as well as other person sitting in trolley managed to escape from the spot - Appellant was not one of persons who fled away from the spot - Tractor was given on lease to a person and it remained in his possession -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 118 kg poppy husk and 18 kg poppy straw - Ownership of house from where recovery effected is disputed - There is no clinching and conclusive proof that house in question belongs to accused alone and none else - Said house is open from all sides and easily accessible to each and every one -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 118 kg poppy husk and 18 kg poppy straw - Independent witnesses not supported prosecution story - Though they admit their presence in the house from where contraband was recovered and also that document bears their signatures, however, according to them contraband was not recovered from the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 30 kgs poppy straw - Recovery affected from co-accused from an open place - S.42 of Act is thus, not attracted, as it applies only when contraband is recovered from a building, conveyance or enclosed place - It is S.43 of the Act which is applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 30 kgs poppy straw - Confession - Statement of accused u/s 67 of Act shows that accused had sold the contraband to co-accused who did not have any license to purchase thereof - There is adequate evidence on record which support the statement of accused which is recorded before his arrest -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 8(c) -- Illegal sale of 30 kg poppy straw - Without any license - Recovery affected from an open space in a polythene bag - No objection raised on behalf of accused that bag did not carry any label or sign of identity - Absence of label and sign of identity thus, could not be presumed - Samples were duly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 22, 29, 67 -- Recovery of 2022.20 kgs poppy pods - Appeal against acquittal - No evidence led by prosecution that accused No.1 purchased goods from accused No.2 - Even, as per documentary evidence no statement u/s 67 of the Act of accused No.1 recorded by I.O. in respect of muddamal lying in godown - None of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 22, 29 -- Recovery of 2022.20 kgs poppy pods - Appeal against acquittal - Conscious possession - Nothing on record to prove that godown from where contraband recovered was hired by accused No.1 from owner of property - Even, I.O. not recorded statement of neighbours nearby to raided premises - Moreover,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 22, 29, 42 -- Recovery of 2022.20 kgs poppy pods - Appeal against acquittal - Non-compliance of S.42 of the Act - No cogent evidence given by prosecution as to when and with whom letter was forwarded to higher authority - Even, there is no evidence that resolution passed for making search of godown was..........
