Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 5 kgs. from scooter - Case property was produced before Illaqa Magistrate, who had appended accused signatures - Mere fact that by efflux of time, the gum or adhesive applied to chits had withered away will not go to the advantage of accused - Conviction of accused, proper...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 36A -- Recovery of 5Kgs. Opium - Extension of time for presentation of challan - Applicability - Retrospectively or Prospectively - Prosecution should not suffer on account of delay on part of court to pass the order on the application for extension of time from the day 180 days were to expire - Held, An..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 42 -- Search and seizure - Applicability - Contraband is not recovered from building, conveyance or enclosed place - S. 42 is not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 51 -- Recovery of 300 grams opium poppy - Delay in sending of sample - No evidence to show that sample of contraband has been tampered at any stage of trial - Mere delay and no, preparation of a specific form by I.O. at the spot is not fatal to prosecution case - Conviction of accused held, proper...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Conditions under which search can be conducted - As per record, accused was given option to be searched before Gazetted Officer or Magistrate - Recovery effected in presence of DSP - It is not required that seal after use should be handed over to independent witness - Held, S. 50 properly contemplated -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 26 kgs of poppy husk - Delay of 15 days in sending sample to CFSL - Though there is delay in sending samples to laboratory but sample parcels were not tampered - Seals of samples were intact and remained in safe custody - Delay of sending samples thus not fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 50 -- Recovery of 26 kgs of poppy husk - Search & seizure - Contradiction in the statements of PWs in which manner the message was received by PW3 DSP to reach at the spot is minor in nature and does not go to root of case - Provision of S.50 of Act not applicable as recovery was not effected from personal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 26 kg of poppy husk - Search & seizure - Accused came riding on a mare and poppy husk was recovered from both sides of Khurji on the back of mare - Testimonies of all PWs on the point of apprehension and recovery fully corroborated from the testimony of Gazetted officer who supervised the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Second recovery of 84 kg of poppy husk - Three bags containing 28 kg of Poppy husk were kept concealed by accused in the field of `C' and the same recovered on the basis of disclosure statement of accused - I.O. did not associate `C' in the investigation - Independent witness not supported prosecution..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 26 kg of poppy husk - Quantum of sentence - Recovery of 26 kg of poppy husk does not fall within the definition of commercial quantity as same is below 50 kg - Moreover, prosecution failed to establish second recovery of 84 kg of poppy husk - Accused had already undergone more than 4 years of..........
