Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40 kg poppy husk - Merely because at the time of preparation of documents regarding search and seizure, Colum regarding FIR was kept vacant and later on receiving the copy of FIR, its number was filled, no adverse inference can be drawn against prosecution rendering the prosecution story..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40 kg poppy husk - Search and seizure - Mere fact that CFSL form has not been prepared at the spot is no ground to vitiate the conviction as it is not the violation of any mandatory provision of Act or Rules - Moreover, evidence on record shows that sample parcels were not tampered with at any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40 kg poppy husk - Non-joining of independent witness - Mere fact that independent witness has not been associated, is no ground to throw away the prosecution case, particularly when I.O made efforts to join the independent witness but none was willing to join...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40 kg poppy husk - Testimonies of official witnesses is at par with that of any other witness - Their official designation ipso facto is no ground to discard or disbelieve their testimonies particularly when accused has not alleged or proved any animosity on the part of official witnesses and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 40 kg poppy husk - Merely because I.O has not sent the report u/s 57 of Act to his superior officers is no ground to found fault with the conviction of accused, particularly when search and seizure was conducted in direct supervision of ASP...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 40 kg poppy husk - Secret information - Search and seizure - Non-compliance of provision of S.42 of Act - When secret information was received by I.O, he was on move and was not present in police station - Ruqqa was prepared and sent to police station for registration of case - Copy of FIR was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Recovery of 40 kg poppy husk - Conscious possession - 25 bags containing 40 kg of poppy husk were loaded in truck which was being transported - Both the accused were fully aware that contraband was loaded in bags - It is for them to show that they were not in possession of contraband, which they failed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Recovery of 40 kg poppy husk - Statement u/s 313 Cr.P.C. - Merely because no specific question has been put to accused with respect to their conscious possession, is no ground to vitiate the conviction particularly, when accused failed to show that prejudice is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35 -- Recovery of 20 bags of poppy husk - Conscious possession - Word "conscious possession" is a state of mind and it is deliberate or intended and means awareness about a particular fact...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 20 bags of poppy husk - Non-examining of independent witness - Independent witness won over by accused - Giving up of such witness having been won over is fully justified - There is no ground to render the testimonies of PWs unworthy of credence...........
