Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 10.600 Kg Ganja - Ganja was not seized from possession of A-1 - However, evidence well convinces the Court that A-1 was also a party to possession and transportation of ganja by A-2 - If A-1 was not a party to possession, he would have stopped vehicle when asked by Sub-Inspector -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 10.600 Kg Ganja - Recovery effected from possession of A-2 - Evidence of official witnesses is consistent with each other - Accused informed of his right to be searched in presence of a gazette officer or a Magistrate, but A-2 waived his right - Though A-1 escaped after abandoning his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 10.600 Kg Ganja - Reduction of sentence - Sentence imposed by trial Court is R.I for 10 years with fine of Rs.1 lakh each - Accused had already undergone sentence of 4 years - Considering age of accused and they had no bad antecedents, sentence of accused reduced to period already..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 61, 85 -- Bail - Recovery of 1.5 kg of heroin - Indictment of petitioner is on the basis of disclosure statement suffered by co-accused from whom recovery of contraband was effected - Even, petitioner was not travelling in the bus from where contraband was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20, 29, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 6.2 kg charas - Claim on ground of parity - Recovery effected from co-accused - No recovery effected from petitioner - Co-accused already granted bail - Case of petitioner is on better footing than case of co-accused - Prima facie..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 1 kg Alprazolam powder - Non-examination of independent witnesses - Summons were issued to independent witnesses but their attendance not secured in course of trial - No adverse inference can be drawn against prosecution case for no, examination of independent witnesses...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 1 kg Alprazolam powder - Search and seizure - Evidence of PWs 2 and 6 establish that contraband articles after being brought to NCB office were kept in godown/malkhana and necessary entries were made in godown register in that regard - Certified true copies of said entries were proved - Oral..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 1 kg Alprazolam powder - Search and seizure - Variation in weight of samples - Some variation in weight of samples was reflected, but it is slight and may be due to myriad reasons like absorption of moisture or inaccuracies in weighment - Moreover, sanctity in preservation of samples is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 1 kg Alprazolam powder - Confession - Accused were detained at the spot and not free agents at the time when statements were purportedly recorded - They retracted their statements during trial alleging physical assault and coercion - It would thus, be unsafe to hold that statement of accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 1 kg Alprazolam powder - Search and seizure - Evidence of PWs with regard to seizure of contraband and drawing of samples therefrom at the spot remains unshaken - Oral evidence of witnesses are corroborated by search and seizure list prepared by PW6 - Evidence of PWs unequivocally establish..........
