Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 108 packets of Poppy husk - Non-examination of independent witness - Mere no, examination of independent witness by itself not a ground to discard testimonies of official witnesses, if those are found to be trustworthy and credible - But at the same time, where independent witness is associated..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 108 packets of Poppy husk - Non-examination of independent witness - Admission of I.O with respect to difference of signatures of independent witness on different memos and he being a convenient person to police, clubbed with his no, production in witness box by prosecution, renders his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 108 packets of Poppy husk - Search and seizure - Provision of S.50 of Act is not applicable to case, as recovery was effected fromsearch of vehicle/car - However, story put forward by I.O that he gave option to accused for conducting their search in presence of a gazetted officer or a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 108 packets of Poppy husk - Appeal against conviction - Accused acquitted viz. : (i) Independent witness not examined; (ii) consent memos have been fabricated later on just to complete the paper work; (iii) documents have not been prepared in the manner projected by prosecution, which renders..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Recovery of 20 gms heroin - By considering evidence on record both oral and documentary, trial Court rightly convicted accused to suffer R.I. for 5 years and to pay fine for Rs.20,000/- and in default to suffer further R.I. for 1 year - Moreover, accused already served out his sentence and has paid fine..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 80 kgs poppy husk and 1.5 kgs opium - Petitioner in custody for last 1 year and 4 out of 17 PWs have been examined - Trial will take sufficient long time - Since petitioner is not involved in any other case under NDPS Act, he is unlikely to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 3 kgs charas - Appeal against conviction - Non-joining of independent witnesses - Rule of prudence demands that there should be some corroboration through independent source of statements of official witnesses but there is no rule that evidence of police officials cannot be accepted unless..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 3 kgs charas - Appeal against conviction - Search, recovery and investigation by same police officer/I.O. - Where it is a case of chance recovery on highway without any prior information and Naka Bandi, no question of police officer/I.O. being complainant of case arises though search,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 313 -- Recovery of 3 kgs charas - Conscious possession - Appeal against conviction - In the instant case, contraband recovered from bag lying between seats of car in which all accused were sitting - Even, none of accused took defence in their statement u/s 313..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 313 -- Recovery of 3 kgs charas - Reduction in sentence - Accused ordered to undergo R.I. for period of 14 years and to pay fine of Rs.1 lac each and in default of payment of fine to undergo further imprisonment for period of 1 year each - All accused are unmarried..........
