Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 3 kgs opium - Non-joining of independent witness - Where place of recovery is busy place and presence of number of independent witnesses cannot be disputed and no independent witness is associated, it becomes duty of Court to scrutinize prosecution case carefully, consciously and minutely - In..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 3 kgs opium - Accused being a lady was personally searched by lady constable - But there is doubt regarding which lady constable conducted personal search of accused as PWs stated contradictory versions regarding personal search of accused - It shows that proceedings have not been conducted at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 3 kgs opium - Material witnesses of recovery withheld by prosecution - Testimony of I.O totally uncorroborated - Witness of seal not examined - Uncorroborated testimony of I.O with respect to apprehension of accused along with bag containing contraband is not safe to rely upon and renders the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 kgs of opium - Recovery effected from bag of accused which was in the hand of accused - Provision of S.50 of Act is not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22 -- Recovery of 260 gms of Dextropropoxyphene - Non-joining of independent witnesses - Joining of independent witnesses is not the rule but rule of caution - Courts sometime insist on independent corroboration where prosecution story is doubtful - There is nothing to discredit the prosecution story in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22 -- Recovery of 260 gms of Dextropropoxyphene - Delay of 5 days in sending samples to FSL - Mere delay of sending samples is not fatal to prosecution case where seals were found intact - Since there is no evidence on record that sample has been tampered with at any stage of trial, delay, held, not fatal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 260 gms of Dextropropoxyphene - Secret information - Non-compliance of provision of S.42 of the Act - Accused pleaded that since no intimation was sent to higher authorities, there is non compliance of S.42 of the Act - Plea rejected as recovery was effected from public place, thus, provision..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22 -- Recovery of 260 gms of Dextropropoxyphene - Reduction of sentence - Non-commercial quantity - Accused is not a previous convict, nor any other case of NDPS Act is pending against him - Moreover, accused has been facing trial for the last about four years - Sentence reduced to 1-1/2 years instead of 2..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 1 kg poppy husk - Search & seizure - Non-compliance of mandatory provision of S.42 of Act - Secret information - No information sent to higher officer as required u/s 42(2) of Act - Being a mandatory requirement no, compliance of same is fatal to prosecution - Accused acquitted on this ground..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 1 kg poppy husk - Where independent witnesses did not support prosecution case and turned hostile, recovery can be proved with the help of official witnesses - As recovery officer proved the entire proceedings without any doubt, evidence cannot be discarded merely because said witness being..........
