Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 2 kg ganja - Secret information - Non-compliance of S.42 of the Act - PW13 neither stated that information entered in station diary nor same was intimated to superior officer - Relevant station diary not proved during trial nor abstract of same exhibited - Even though in FIR, it is stated about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 2 kg ganja - Secret information - When search was conducted after recording reliable information in the police station u/s 42(1) of the Act as per FIR, therefore, even though seizure was made in a public place during day time, compliance of provision of S.42(2) of the Act was necessary...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of 2 kg ganja - Search and seizure - Mere production of sample ganja packet is not sufficient - It is duty of prosecution to adduce cogent evidence relating to actual quantity of ganja seized from possession of accused - However, evidence of informant is totally silent about bulk quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of 2 kg ganja - Search and seizure - Personal seal was not produced in Court - Evidence of PW13 is completely silent as to whom his personal seal was handed over - Zimanama of personal seal not proved during trial - Even personal seal was not produced in Court - Handing over brass seal to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of intoxicant powder - Search was not conducted in presence of either Gazetted Officer or Magistrate - No independent officer was joined at the time of alleged recovery - Alleged intoxicating powder which was recovered from petitioner, as per FSL..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 500 gms Smack - Non-compliance of S.50 of the Act - Recovery effected from bag/wallet held by accused in his right hand - Provision of S.50 of the Act not attracted in the case - However, compliance of S.50 of the Act is made as option for being searched was extended to accused for making his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 700 gms charas - Independent witnesses not joined by police despite availability of same, as place of occurrence was National Highway - Sequence of events creates doubt and suspicion on prosecution story with regard to recovery - No daily diary report with respect to fact that on the day..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Imposition of conditions - Validity - Magistrate while granting bail imposed a condition that petitioner shall not leave limits of concerned place where Court is situated without prior permission of Magistrate - However, petitioner has come to Kerala from West Bengal in search of a job - Said condition will..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 400 gms charas - Search and seizure - Investigation by complainant - DSP who is a gazetted officer, was called to the spot and recovery was effected in his presence and immediately thereafter, case property along with accused was produced before SHO - Therefore, it cannot be said that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 400 gms charas - Search and seizure - Contention that in recovery memo, site plan, arrest memo etc, FIR number of case finds mentioned - Contention rejected, as FIR no. incorporated in said documents is in the blank space, which indicates that same filled up later on - Said fact got..........
