Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25 -- Recovery of poppy straw - Petitioner charged being owner of vehicle in question by subsequent charge sheet - However, subsequent charge sheet was filed without adverting to the facts mentioned in earlier charge sheet regarding ownership and possession of vehicle, as petitioner had sold vehicle to `M'..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 8(C) -- Recovery of 5.017 Kg heroin - Testimony of official witnesses was consistent, credible and reliable - Nothing material could be elicited to discredit the testimony of official witnesses despite lengthy cross-examination - Minor discrepancy which does not go to the root of matter, does not cast any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 8(C) -- Recovery of 5.017 Kg heroin - Samples of contraband not tampered as seals were found intact throughout - PWs supported said fact - Defence failed to bring out anything with respect to tampering of samples - Prosecution sufficiently proved its case to establish the guilt of accused - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 25, 29 -- Contraband - Conviction - Set aside by High Court - Reasons given by trial Court along with entire evidence in that regard not taken into consideration while reversing the judgment - Judgment and order of High Court quashed - Case remitted to High Court for decision afresh in accordance with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(b)(ii)(B) -- Recovery of 1.200 kg ganja - Independent witness not examined by prosecution - There is no concrete evidence with regard to seizure Mahazar and observation Mahazar - Contradictions found in the statements of PWs - Court cannot come to a conclusion that alleged contraband seized from accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Cultivation of 400 cannabis plant without any valid license and permit - Recovery of 500 gms of dry ganja - Cultivation of cannabis plant is prohibited - It is not the case of petitioner that he obtained license or permit or authorization from competent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Cultivation of 400 cannabis plant - Quantum of punishment - Punishment for cultivation of cannabis plant does not depend on quality or number of plants cultivated but is dependent upon quantity of cannabis - Even cultivation of one plant of cannabis is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of opium - Accused indulged in business of opium without any license - Nothing to establish that they are falsely implicated but only stated that PWs have falsely deposed against them - There is no material on record to show that police has illegally challaned the accused and falsely implicated..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 360 capsules of proxyvon - Link evidence missing - No explanation as to where sample was kept after sealing and resealing - No evidence on record to demonstrate that sample was kept in safe custody from date of its sealing till its receipt in FSL - No evidence on record to establish that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(11), 8, 21 -- Manufactured drug - Recovery of 480 bottles of Rexcof cough syrup and each bottle contains 100 ml syrup - Possession of syrup beyond certain quantity is an offence - Instantly, each 5 ml. syrup contains 9.825 mg. codeine phosphate, which is permissible and have been established in therapeutic..........
