Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 2 kgs Ganja - Search and seizure - Non-production of independent eye witness of alleged recovery and even no explanation has been offered for his non production - It is serious lacuna which has made the prosecution case very doubtful - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Contraband - Call detail record by itself cannot carry forward case of prosecution to show that contraband was sold by accused to co-accused - It can only show that both of them were in contact with each other, but would not lead to any inference that they were selling and purchasing the charas - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Evidence Act, 1872, Section 27 -- Contraband - Disclosure statement - Statement by accused during investigation is inadmissible in view of S.25 of Evidence Act as well as S.162 Cr.P.C - Said confession made by co-accused cannot be taken as substantive piece of evidence against another accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Non-joining of independent witness - Place of recovery not totally secluded - No convincing material to suggest that any effort was made to associate any independent witness - Non joining of independent witness though not fatal but definitely can be considered as a circumstance sufficient to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Two extra packets/envelopes found inside the sealed backpack - Sufficient to create serious doubt in prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Interpolations and changes made in official records that too related with criminal investigation for a serious offence - Needs to be viewed seriously and with suspicion...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - All spot witnesses have feigned ignorance about exact spot position and its vicinity also gives rise to suspicion in prosecution story - More so, there is unexplained entries in NCB form - Serious discrepancies were found in official records including NCB Form, resealing certificate and time..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), Drugs and Cosmetics Act, 1940, Section 18A, 18(c), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity was recovered from accused - Custody period of accused is more than 2 years and 4 months - Accused has no criminal antecedents regarding any NDPS matter - Trial may take..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 54 kg poppy husk - Non-filling of CFCL form at the site where arrest and recovery was made would not vitiate the case, as it constitute a part of procedural law...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 54 kg poppy husk - Law does not require only an independent witness to prove a charge attracting the provisions of the Act...........
