Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 60 kgs poppy husk - Commercial quantity - Non-joining of independent witness - Poppy husk recovered from conscious possession of accused in the presence of police officials as well as PW5, Naib Tehsildar, who exercising the powers of Magistrate, authenticating the recovery effected from accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 60 kgs poppy husk - Delay in sending samples to FSL - Once it is proved that seals were intact and there was no tampering, delay in sending samples to FSL does not prove fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 200 gms of poppy straw from pocket of accused - Police personnel failed to inform accused regarding his right to be searched before Gazetted Officer or a Magistrate, which amounts to no, compliance of mandatory provision S.50 of Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 bags of poppy husk - Non-examination of independent witness - Independent witness won over by defence as he stated that his signatures were procured on blank papers - However, it is difficult to believe that numerous signatures on various papers having different writing material can be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 bags of poppy husk - Evidence of police officials - Credibility - Only on the basis of call details produced by accused, it cannot be said that police officials were not present on the spot at the time of alleged recovery, particularly when recovery is proved on record...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52 -- Recovery of 30 bags of poppy husk - Samples not sent to chemical examiner within 72 hours - Mere fact that samples were not sent to Chemical Examiner within 72 hours would not be case of unnecessary delay as samples were received in sealed intact condition - None of the rights of appellants infringed in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 bags of poppy husk - Quantum of sentence - Keeping in view the facts and circumstances of case, sentence imposed by trial Court is excessive, sentence therefore, modified from 15 years R.I to 10 years R.I with 1 lac fine and default sentence remaining same...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 9 bags each containing 40 kg 600 gms poppy straw - Chance recovery - Non-association of independent witness - Since recovery was effected suddenly by chance, I.O had no opportunity to associate any independent witness - However, I.O made efforts to join independent witnesses but they refused to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 9 bags each containing 40 kg 600 gms poppy straw - Chance recovery - Story projected by prosecution that two accused managed to escape from the spot is not reliable as age of accused `K' was about 60 years - No evidence on record as to identification of these two accused persons - I.O did not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 9 bags each containing 40 kg 600 gms poppy straw - Chance recovery - Accused `D' was found to be in conscious possession of 369 kgs of poppy straw being carried in vehicle driven by him - There is no motive for false implication of accused `D' - Apprehension of accused `D' at the spot and..........
