Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1)(2) -- Recovery of 20 bags of poppy husk - Secret information - Non-compliance of S.42 of the Act - Secret information received by I.O, when he was on move and was not present in police station - Immediately on receiving secret information I.O sent wireless message to his immediate superior officers - Ruqqa..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 20 bags of poppy husk - Tampering of seals - Merely because in chemical examiner report physical appearance of substance was not mentioned, it cannot be stated that there was any difference with respect to physical appearance of contraband in the statement of PWs and report of chemical..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 20 bags of poppy husk - Identity of accused - Accused were travelling in the jeep at the time of their apprehension - Police officers were having search light and lights of their gypsy, so they had sufficient source of light to see and identify accused while running away from spot - Moreover,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 20 bags of poppy husk - False implication - No evidence on record to show that Official witnesses have any animosity with accused - Moreover, 20 bags containing 800 kg of poppy husk were recovered from accused, which cannot be planted by police officers from their own source - If intention of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 20 bags of poppy husk - Conscious possession - Mere omission of word `conscious possession' in the statements of accused recorded u/s 313 Cr.P.C. has not resulted in any prejudice to accused, when they were aware of evidence on record against them and charges for which they were facing trial -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 20 bags of poppy husk - Conscious possession - Recovery effected from the vehicle in possession of accused - Accused managed to escape when police party signaled the vehicle to stop - Their conduct shows that they were fully aware of the contraband loaded in the vehicle - All of accused were..........
Delhi Police Act, 1978, Section 47, 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 61, 85 -- Externment order - Merely because petitioner was acquitted in some of the cases and was granted bail in a case involving NDPS Act, that would not be a sufficient ground to hold that order of externment suffer from vice of non-consideration of relevant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 500 gms of charas - False implication - Cannot be ruled out completely in view of the fact that information received by SHO while sitting in Thana was not reduced in writing and not forwarded to superior officer as required u/s 42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22 -- Recovery of 500 gms of charas - Link evidence - No clarification as to who was in possession and custody of sample of contraband between 30.7.2001 to 3.8.2001 - Sample taken out 100 grams but it was found to be 90 gms at FSL - Contraband recovered in the presence of Deputy S.P./Circle Officer and he..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 500 gms charas - If two views emerge in the prosecution case then view favourable to accused has to be taken into consideration...........
