Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Search and seizure - PW1 stated that sample seal chits were prepared at the spot - However, no such document was proved or exhibited before trial Court - Prosecution further failed to prove and place on record either Form No.29 or relevant entry in register no.19 showing arrest of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of poppy husk - Search and seizure - Non-compliance of S.52-A of the Act - Accused `K' was not produced before Illaqa Magistrate after arrest and recovery effected on the spot - Police held, failed to comply with provision of S.52-A of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 200 gms charas - Search and seizure - Accused acquitted, viz. : (i) No whisper in recovery memo as to prior to search of accused, police party took search of each member of police party and ensured that they are not possessing any illicit or unwanted object or suspect; (ii) verbal offer of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b) -- Illegal cultivation of ganja crop - No description in recovery memo as to how much sacks were used for keeping recovered material and how much quantity of sample was taken out from recovered ganja - Specification of weight of each sack is altogether missing - No independent witness joined though..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 21, 22 -- Bail - Offence u/ss 15, 21, 22 NDPS Act - Perusal of final report u/s 173 Cr.P.C. transpires that neither any role attributed to petitioner nor it states that he escaped from the spot - Even, said fact is not mentioned in recovery memo - Moreover, nothing..........
Indian Penal Code, 1860, Section 302 -- Murder - Contradiction in statement of PWs as to actual time of reaching at place of occurrence - Incident is of year 2009, witnesses have been examined in the years 2011 and 2012 - There is thus, chance of error of memory due to lapse of time or due to mental ability of witness concerned - Moreover, contradictions elicited on behalf..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 52 kg poppy husk - Search and seizure - PW3 stated that after preparing joint consent memo, he effected recovery and by preparing sample and bulk parcels, he sealed them and then prepared a sample chit - Recovered contraband was taken in possession vide recovery memo and thereafter..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Double murder case - Gunshot injury - Injury on the base of chin of deceased is apparently suicidal - Deceased shot dead his girl friend as her engagement was fixed with another guy - Once deceased killed his girl friend, he is likely to get frustrated and was also afraid of consequences of her murder,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25 kg poppy husk - Search and seizure - Perusal of recovery memo, site plan, consent memo etc. shows that column of FIR No. was kept blank and was later on filled up - This fact creates no suspicion about prosecution case and reflects that FIR no. was filled up only after official who took ruqa..........
Indian Penal Code, 1860, Section 332 -- Offence u/s 332 IPC - PWs proved scuffling, altercation, fist and blows inflicted upon police personnel by accused - Presence of police at the spot is also proved on record - Injury report of two police personnel reveals that they sustained injuries - Chain of circumstances not missed in the case - Accused rightly convicted...........
