Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Contraband - Call detail between petitioner and main accused at the time of recovery is very much available on record, which clearly shows involvement of petitioner - Prima facie there is sufficient evidence available on record against petitioner for framing charge against him - Order framing charge..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 200 gms opium - Discrepancy regarding weight of sample - Prosecution contended that 40 gms of substance was sent to FSL - But report of forensic lab shows that only 37 gms of substance received in lab - However, such minor difference in weight of substance may occur on account of difference..........
Criminal Procedure Code, 1973, Section 211, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Defect in framing of charge - Recovery of 200 gms opium - Accused was fully aware that he is being charged for keeping 200 gms of opium without there being any license to keep the same - More so, record shows that at the time of framing of charge, accused was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 200 gms opium - Non-joining of independent witness - PWs stated that they had tried to procure public witnesses but no one came forward to become witnesses of search and arrest - This statement is not improbable, in view of fact that accused is resident of same vicinity from where he was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - Accused is presumed to be guilty consequent to recovery of contraband and it is for accused to establish his innocence - But it does not absolve prosecution from establishing a prima facie case only whereafter burden shifts to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - If at any stage, accused is able to create a reasonable doubt, as a part of his defence, to rebut the presumption of his guilt, the benefit naturally goes to him...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - Seizure memo - Large gap between signature of accused and that of independent witnesses - Clearly abnormal which cannot be lightly washed away especially when independent witnesses have deposed that they were not present at the time of such search and seizure - It..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - Seized sample deposited in Malkhana but produced in Court after a long gap of one year - Explanation by PW6 that he had several important works can hardly be considered sufficient, if not, any justification for the same...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - Delay of one year in producing seized sample in Court - Coupled with this the signature on the seal being illegible creates a serious doubt with regard to the prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - Delay of one year in producing seized sample in Court - Signature on seal illegible - In the Malkhana register there is an entry with regard to the deposit of seized sample but entry dealing with exit from the Malkhana for taking it to Court is blank - Not..........
