Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 kgs Ganja - Ganja recovered from gunny bag - There was no personal search of accused - Compliance of S.50 of the Act therefore, is not necessary and I.O was not at all supposed to comply it...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4), Criminal Procedure Code, 1973, Section 46 -- Recovery of 3 kgs Ganja - Arrest of female accused - There is no female members in raid party - However, it is no case of accused before PW2 that he violated S.46 Proviso Cr.P.C - So statutory presumption u/s 46 Proviso Cr.P.C is that accused submitted herself..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Recovery of 3 kgs Ganja - Conscious possession - Prosecution established conscious possession of Ganja with accused - It is not the case of accused that she had no knowledge about contents of gunny bag - Even, it is not the case of accused that she did not try to abscond on seeing police officials -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B) -- Recovery of 3 kgs Ganja - Quantum of sentence - Quantity of 3 kgs Ganja is not commercial quantity - There is no minimum punishment when quantity of Ganja is lesser than commercial quantity - However, when quantity of Ganja is lesser than commercial quantity than subjecting the accused to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 100 gms intoxicant powder - Recovery effected from the bag carried by accused - Personal search of accused was not conducted - S.50 of the Act is not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 100 gms intoxicant powder - Representative sample was sent after a delay of 6 days for chemical examination to FSL - However, as per instructions issued by Standing Order No.1 sample is required to be sent to Chemical Examiner within 72 hours - Standing Orders are mandatory in nature and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 100 gms intoxicant powder - Non-examination of an independent witness is not fatal for prosecution case - However, since neither any effort was made to associate any independent witness nor any explanation is forthcoming for not doing so, it creates a dent in case of prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 100 gms intoxicant powder - Manner in which bulk and representative samples were handled, possibility of tampering with both the sealed parcels cannot be ruled out - Prosecution has not made any effort to produce Register 19 during course of trial to rule out any possibility of tampering and to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 439 -- Bail - Filing of charge sheet without chemical examination report - Chemical Examination Report is most vital piece of evidence which is required to be made part of charge sheet - Mere statement of filing of a supplementary charge sheet upon obtaining Chemical..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of Charas - Packets of Charas were found from the body search of accused - Accused were not informed about their right to be searched before a Magistrate or a Gazetted Officer - There was thus, a violation of safeguard provided by S.50 of the Act - Accused acquitted...........
