Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 6 kgs opium - Testimony of official witnesses - Cannot be discarded on the round of their official status...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Recovery from a public place - There is thus, no need of compliance of mandatory provision of S.42 of the Act - Provision of S.43 of the Act is applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 54 -- Recovery of 50 bags of poppy husk - Conscious possession - Accused was found sitting over 50 bags of poppy husk along with other co-accused - He was apprehended at the spot whereas co-accused ran away from the spot - No explanation was offered by accused as to how he was in possession of contraband -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - Mere fact that CFSL form was not filled at the spot and was filled subsequently, case of prosecution cannot be discarded especially when recovery was effected from accused and it was found by FSL that seals on samples analyzed were found to be intact - Accused rightly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - Merely because case is based on testimonies of official witnesses, their statements based on oath cannot be discarded by Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - Testimony of official witnesses - PWs appear before Court after a long gap and certain minor contradictions are bound to occur in the testimonies of PWs - However, such minor variations have to be overlooked by Courts when case of prosecution is otherwise found to be..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Challan presented without FSL Report - FSL Report not even filed on 180th day - Challan will be deemed to be an incomplete one - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Extension of time - Challan presented without FSL report - Reason for extension explained in the final report that FSL report had not been received - Provision of S.36-A(4) of NDPS Act insofar as the requirement of a report being made by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 390 gms cannabis - Recovery effected from accused in the office of Tehsildar - Recovery thus, was made before apprising accused of his right to be searched before a Magistrate or Gazetted Officer - Alleged recovery was effected even prior to preparing consent memo - This all is in contravention..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 390 gms cannabis - Contradictions and uncertainty regarding preparation of memo of consent galore - Statement of I.O. about burning the cannabis on the spot goes to root of the case and creates a major dent in prosecution version - There is serious flaw in prosecution case - Bulk cannabis..........
