Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 2 kg charas - Search and seizure - Non-joining of independent witness - As per eye witnesses account, there were public witnesses but none of them was ready to be a witness of said recovery - Names of persons who were not ready to be a independent witness not recorded by raiding party, which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 2 kg charas - Search and seizure - Necessary guidelines provided in Standing order 1/89 for collecting sample of contraband substance as well as for making recovery of contraband substance not followed - Prosecution thus, failed to establish recovery of 2 kg charas from accused beyond..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kg charas - Non-compliance of provision of S.50 of the Act - Written consent alleged to have been obtained by raiding party and accused did not exercise his right of search in presence of such a Magistrate or a Gazetted Officer, instead gave consent to be searched by the police party itself -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Search and seizure - PW1 stated that sample seal chits were prepared at the spot - However, no such document was proved or exhibited before trial Court - Prosecution further failed to prove and place on record either Form No.29 or relevant entry in register no.19 showing arrest of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of poppy husk - Search and seizure - Non-compliance of S.52-A of the Act - Accused `K' was not produced before Illaqa Magistrate after arrest and recovery effected on the spot - Police held, failed to comply with provision of S.52-A of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - PW1 being complainant could not be I.O himself - Even a second I.O was never deputed to conduct investigation - Search and seizure, held, vitiated...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 4 kg opium - Search and seizure - Defective investigation - Non-examination of ASI and one person who signed consent memo and sealed samples along with PW1, were surely matters for investigation - However, no explanation given for the same - Case property was retained by PW1 in his private..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 7 kg 40 gms opium - Non-compliance of S.50 of the Act - Accused was carrying contraband of about 7 kgs of opium in bag which he was carrying in scooter - Carrying contraband in scooter/bag cannot be said to be by the person necessitating compliance of S.50 of the Act for personal search -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of contraband - Recovery from public place in presence of independent witnesses but absence of signature in the arrest memo of a respectable member of the locality - Statement of search witnesses not recorded on the day of seizure or soon thereafter but their statements recorded after one..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kg poppy husk - Search and seizure - I.O was not aware about contents of bag containing contraband before search - However, in consent memo it is mentioned that it was being prepared for offence punishable u/s 15 of the Act - This shows that consent memo was prepared after recovery effected..........
