Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is a chemist by profession and having a valid licence for sale, transport and possession of scheduled narcotic drugs - Investigating agency has verified his licence from concerned quarters - Accused is behind the bars since..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Non-joining of independent witness - Accused allegedly threw gunny bag from moving car and ran away - However, there are four police officials at the spot where naka has been laid - No reason as to why police party should not have chased the vehicle till the time they actually apprehended -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Search and seizure - No evidence that case property allegedly analyzed in laboratory was the same that was recovered from accused - Facsimile of seal affixed on the NCB form is not legible and clear - It is thus, not understandable as to how seals affixed on the case property could be tallied..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Search and seizure - Specific case of prosecution that some dust of `chura post' was lying on rear seat of the car which car was then taken possession of by police - More so, neither photographs of said `chura post' was taken nor same was sent to chemical analysis - There is thus, no material..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Contraband - Examination of accused u/s 313 Cr.P.C. - Two material circumstances not put to accused in his examination u/s 313 Cr.P.C. as such a serious prejudice is caused to accused in his defence - These two material circumstances has to be kept out of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - If the object searched is a part of body of person, S.50 of the Act necessarily has to be complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - When contraband is enclosed in a polythene bag and it was found on the lap of accused - No requirement of compliance of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)ii)(B) -- Contraband - PW5/independent witness categorically stated that he signed arrest memo and mahazar at the spot but he did not identify accused before Court - Other independent witness PW9 is a person having acquaintance with accused for about 10 years - It is thus, confirmed that PW9 did not state..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Evidence Act, 1872, Section 25 -- Contraband - Confessional statement - Confession before officers who are invested with powers of investigation u/s 53 of the Act are Police Officers within meaning of S.25 of Evidence Act - Confession before said officers would be barred u/s 25 of Evidence Act and cannot be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kgs Ganja - Non-compliance of provision of S.50 of the Act - No effort was made by police personnel to produce the accused before any Gazetted Officer or Magistrate, as required u/s 50 of the Act - There is thus, non-compliance of mandatory provision of S.50 of the Act - Accused acquitted...........
