Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Release of seized vehicle - Vehicle involved in NDPS case - Recovery of 700 gms intoxicating powder - Allegation that accused indulged in business of selling intoxicant substances - Recovery effected from personal search of accused - Trial in the case pending -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 4.00 kg charas - No steps taken to associate independent witnesses despite the area where accused was apprehended had vehicular traffic - PW2 who stated to be have carried Rukka to police station denying his presence at the spot - Samples were not taken homogeneously and only few sticks were..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 55 -- Recovery of charas - Conviction set aside on the grounds : (i) Sample taken to FSL not taken from Malkhana; (ii) Sample received by FSL did not bear the seal of arresting Officer or any other police personnel of his team; (iii) Sample contained seal of the person was neither the arresting..........
Criminal Procedure Code, 1973, Section 154 -- Two FIR's - Murder trial - Confessional FIR of accused was not only delayed but was suspected to be ante-timed - Facts of said FIR remained disproved and hence it is not reliable - However, second FIR is not only devoid of material facts but lodged at police station having lack of jurisdiction - Even motive was not mentioned in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 720 kg poppy husk - Secret information - Neither reduced into writing, nor I.O informed any police officer immediately after receipt of secret information - However, said fact is not fatal to prosecution case, as I.O was not present in police station and was on move on patrol duty - On..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 720 kg poppy husk - Mere fact the hook of cart was found broken when same is produced to Court is no ground to doubt prosecution case, as cart was produced after about 2 years, which was parked in police station - Moreover, factum of 18 bags containing 40 kgs poppy husk in each bag loaded in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 720 kg poppy husk - Three accused were convicted for the alleged offence - There is no mandate for prosecution to establish the inter se relations between accused persons, as it is not necessary that these types of activities can only be carried out by persons related to each other - Moreover,..........
Indian Penal Code, 1860, Section 325, 367, 34, Probation of Offenders Act, 1958, Section 4 -- Voluntarily causing grievous hurt - Offence committed by police personnels - Probation - Police officers physically and mentally harassed injured persons and stripped them in front of their family/ general public in police station - Moreover, they also managed to avoid complaint..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 2 kg 500 gm poppy husk - Seal after use was entrusted to PW2 by I.O, but he does not remember as to when and to whom seal of I.O was handed over to him - It shows that no seal was entrusted to him - More so, PW2 has nowhere stated that on reaching police station, accused, case property and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 2 kg 500 gm poppy husk - No material on record that Officer i, charge of Police Station prepared any inventory and got it certified from Magistrate - Deliberate no, compliance of S.52-A of Act coupled with no, joining of independent witness, would render the prosecution story doubtful -..........
