Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 180 kg poppy husk - Delay of 7 days in sending samples to FSL - Not fatal to prosecution case, particularly when seals on samples were found intact and in order...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52 -- Recovery of 4 Kg opium - Delay of 4 days in sending samples to FSL - Seals of sample parcels were intact and tallied with sample seals - Delay cannot ipso fact cause any doubt in case of prosecution especially when evidence on record clearly establishes that sample parcel not tampered with and seal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 52 -- Recovery of 5 vials rexcof syrup each 100 ml, 50 strips phenotil tablets each strip containing 100 tablets and 10 strips microlit tablets each strip containing 100 tablets - Delay in sending samples to FSL - There is delay in sending samples to FSL and during intervening period, same not deposited in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Recovery of 500 gms Charas - Search and seizure - Delay in sending sample of recovery to FSL - Where delay in sending sample to FSL not explained by prosecution by adducing any evidence, benefit of the same goes to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kg 500 gms poppy straw - Search and seizure - Case property was never deposited in malkhana along with form No.29, rather same remained with SHO for which no entry was made in register - No such register was produced in Court - Seal of SHO not found on case property - Link evidence not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3 kg 50 gm charas - Appeal against acquittal - Accused acquitted viz: (i) contraband produced before Magistrate after delay of two days and there is no evidence as to where it was kept for two days before producing it for resealing before Magistrate and then sending to FSL; (ii) no FSL form..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Charas - Recovery of 1.50 kg - Delay of 14 days in sending samples to FSL - Does not create doubt that samples were being tampered as samples were kept in malkhana on same day of seizure and were in proper custody...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 4 kg charas - Deficiency in weight of sample - No cross-examination was conducted from material PWs regarding minor deficiency in weight of samples received by FSL - Since there was delay of 17 days, possibility of deficiency for various reasons cannot be ruled out - No prejudice is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 16 kg Bhukki - Delay occurred in sending samples to FSL - No evidence on record to show that where samples were kept after same were taken - Neither Malkhana register produced nor I.O produced - Prosecution failed to prove its case - Accused rightly acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Contraband - Inordinate delay in sending sample to FSL - Parcel sent to S.P. office for issuance of forwarding letter - However, prosecution failed to establish as to who had taken sample parcel to office of S.P - Possibility that sample was tampered with cannot be ruled out - Accused rightly acquitted...........
