Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 70 kg Ganja - Place of recovery - Recovery effected from the house of accused - However, I.O. neither provide any description of witnesses who pointed out place of recovery nor did he mention the name of witnesses in whose presence inspection of spot was done - Site map of spot also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 70 kg Ganja - Non-examination of independent witness - Severe inconsistencies in testimony of official witnesses regarding presence of seizure witnesses and preparation of seizure list - No independent witnesses were called to the spot but they were later called to sign the seizure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 20, 21, Criminal Procedure Code, 1973, Section 438 -- Contraband - Anticipatory bail - Nothing was recovered from accused or from alleged house of accused - There is nothing to support case of prosecution even as per assertions of police - Bail application allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 8(c), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of Ganja - Commercial quantity - Samples taken at the spot sent for Chemical Analysis but sample taken before Magistrate not sent for Chemical Analysis - Accused has made out case for bail - Contraband seized is commercial quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is in custody for last more than 3 years and 6 months - Out of 17 PWs only 7 witnesses have been examined till date - He does not have any criminal antecedents - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 500 gms Smack - Accused was never informed regarding his statutory right to be searched before Magistrate or Gazetted Officer - There is gross violation of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 500 gms Smack - Most vital witness who prepared recovery memo not examined by prosecution - No explanation given by prosecution as to why this star witness has not been examined - Recovery of contraband from possession of accused is thus, doubtful - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 5.2 grms smack - Reduction of sentence - Accused is first time offender - Recovery effected from him was non-commercial quantity of contraband weighting 5.2 gms of smack - Accused has undergone sentence of 4 months and 21 days out of 6 months and he is sole breadwinner of his family consisting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii) -- Contraband - Bail - Recovery of 247 kg. Ganja - Accused already spent more than three and a half years in custody - Conditional liberty in a case of prolonged incarceration, must override the statutory embargo created u/s 37(1)(b)(ii) of the Act - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii) -- Contraband - Bail - Recovery of 247 kg. Ganja - Accused already spent more than three and a half years in custody - Formation of opinion as to whether there are reasonable grounds to believe that accused is not guilty, the same may not be formed at this stage when accused has already spent more..........
