Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 5 kg heroin - Chance recovery - Recovery effected from car of accused - Separate and proper communication of rights of accused were apprised in due compliance of S.50 of the Act - There is no violation of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 5 kg heroin - Chance recovery - Accused apprehended in conscious possession of 5 kg of heroin - Independent witnesses not associated despite efforts in the wee hours of winter morning - Both accused were separately apprised their right under the Act - Samples were received with seals intact..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 32B -- Recovery of 5 kg heroin - Reduction of sentence - Recovery effected from conscious possession of accused without any permit or sanction to carry it - Purity of said heroin ranges from 78.23% to 80.44% - Recovery of sim cards of a neighbouring country points to a possibility wider network at play..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Confiscation of vehicle - Recovery of 5 kg heroin from car driven by accused - Car liable to be confiscated u/s 63 of the Act - No interference warranted in the impugned order of confiscation...........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Non recovery of fire arm - Eye witnesses stated that they saw accused inflicting gun fire injury - Corroborated by medical evidence - Non recovery of fire arm not fatal - Prosecution proved its case beyond reasonable doubt - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Evidence of eye witnesses about inflicting gun shot injury - Corroborated by medical evidence - Accused admitted existence of enmity between parties - Non recovery of weapon not fatal when accused was arrested after eight years - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(B) -- Recovery of 2.5 kg contraband substance (bhukki) - One of Independent witnesses not supported the prosecution case, as he stated that no search and seizure operations took place in his presence - Other independent witness who was won over by accused, not examined by prosecution - Presence of independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(B) -- Recovery of 2.5 kg contraband substance (bhukki) - Search and seizure - Wherever, evidence of a police officer, after careful scrutiny, inspires confidence and is found to be trustworthy and reliable, it can form basis of conviction and absence of some independent witness of locality does not in any way..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(B) -- Recovery of 2.5 kg contraband substance (bhukki) - Conscious possessio, Search and seizure - Testimony of official witnesses - Contradictions in the testimony of police witnesses with regard to weight of sample taken on the spot and one analyzed in the laboratory - There is also a difference in timings..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, Drugs and Cosmetics Act, 1940, Section 8C, 27B(2) -- Second bail application - Recovery of 1150 tablets Alprazolam and 1140 capsules Parvon spas - Gross weight of the drug is to be counted and not merely the net percentage/content of the salt in the..........
