Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 4 kg opium - Search and seizure - Non-compliance of mandatory provision of S.57 of the Act - I.O never produced inventory, personal search memo, recovery memo before CJM - CJM therefore, not verified inventory prepared by I.O. - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 4 kg opium - Search and seizure - Cuttings and additions in Panchnama/memo made which are apparently visible - PWs not explained as to how these additions were made in this memo - Even Gazetted Officer not attested cuttings on documents and he has signed only last page of document, which raises..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52 -- Recovery of 4 kg opium - Search and seizure - When case property along with accused was produced, no direction was issued how to deal with this sample parcel as well as case property and how to keep it in safe custody - Illaqa Magistrate therefore, not followed the procedure u/s 52 of the Act - It cannot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 4 kg opium - Search and seizure - There is unexplained delay of 8 months in presenting case property before CJM - Even case property was presented in the absence of accused - There is no evidence that in the intervening period it was kept intact and seals were not tampered - Even, there is no..........
Indian Penal Code, 1860, Section 121, 121A, 122, 34, Arms Act, 1959, Section 25, 27(1), 29(A), Telegraph Act, 1885, Section 20, Wireless Telegraphy Act, 1933, Section 6(1)(A) -- Offences u/ss 121, 121-A, 122, 34 IPC, 25, 27(1), 29(A) of Arms Act, S.20 of Telegraph Act and S.6(1)(A) of Wireless Telegraphy Act - Prosecution essentially relied upon confessional statement of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 6 kg Ganja - Search and seizure - No details of autorikshaw in which goods were said to be under transportation given in information received by PW4 - It cannot be understood as to based on what suspicion, they stopped autorikshaw and enquired inmates therein - As such very initial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 6 kg Ganja - Search and seizure - Panch witnesses totally turned hostile to prosecution case - Evidence of official witnesses cannot be relied upon, as narration of PW4 about stopping autorickshaw merely based on suspicion and evidence of PW1 read in entirely does not appears to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6 kg Ganja - Non-compliance of S.50 of the Act - Before conducting personal search of A-1 and A-2, PW1 not informed accused about their right to be searched in presence of a Gazetted Officer - Nowhere, PW1 informed accused that he was a Gazetted Officer, as such he is going to conduct their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 21.500 kg poppy husk - Search option given of search before Gazetted Police Officer - No such search option in the provision - It is violation of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 21.500 kg poppy husk - Search - Manner in which consent memo was recorded and accused was taken to residence of DSP in a public transport, the very genesis of effecting recovery at the spot was not maintained by I.O - Gazetted Officer is required to come to the spot and verify not only the..........
