Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Contraband - Conviction - Validity - Recovery of 5 kg of poppy husk from possession of accused - Chemical Examiner found meconic acid and morphine positive and opined that contraband so recovered is poppy husk - Held, report of Chemical Examiner that stuff contains contents of poppy husk which term..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) - - Detention - Extension beyond 180 days - In order to apply the proviso, the report has to be filed by the Public Prosecutor - Application filed by I.O. and endorsed by Public Prosecutor is not sufficient...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 8 -- Recovery of 500 gm. of herion from a hotel room - Room was booked in the name of friend - Accused had come to meet his friend - Accused cannot be held to be in possession or conscious possession of contraband - Prosecution failed to prove identity of friend of accused - Acquittal - Order upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 66, 42 -- Recovery of 500 gm. of heroin - Confession made but retracted at earliest opportunity - Conviction cannot be based on such confession when no other material was brought on record...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 500 gm. of heroin - Confession made before officers of NCB - Confession has to be subjected to closer scrutiny than a confession made to private citizens or officials who do not have investigating powers under the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Search, seizure and arrest by SHO holding temporary charge - Held, search, seizure and arrest carried out by him will not make the trial ab initio void...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 42 - - Recovery of contraband - Acquittal - Validity - Independent witnesses did not support case of prosecution - It cannot be said that independent witnesses were interested to help accused persons unduly - Neither rukka was sent to police station nor recovery was effected from them on alleged place of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Chemical Analyst Report - Not conclusive - Things found positive are meconic acid and morphine but percentage of morphine not given and report did not state that contraband was the product of the papaver somniferum plant - On this ground alone accused is entitled to acquittal - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Mandatory provision of S.50 not complied with - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Seizure took place at a crowded place - Non examination of independent witnesses - There is no absolute rule that police officers cannot be cited as witnesses and their depositions should be treated with suspect - Generally the public at large are reluctant to come forward to depose before the..........
