Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(c), 29, 28, 27A, 67, Evidence Act, 1872, Section 30 -- Recovery of 4.5 kgs heroin - Confession - Appeal against conviction - There is no evidence against accused No.3 to 5, except confessional statements of accused No.1 & 2 - Though it is stated that accused No.1 & 2 made frequent phone calls to accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(c), 29, 28, 27A, 67, Evidence Act, 1872, Section 10 -- Recovery of 4.5 kgs of heroin - Conspiracy - Appeal against conviction - There is absolutely nothing on record to even prima facie show that there was conspiracy between accused No.1 to 5 - Even, in absence of proof of existence of conspiracy, it is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 7 kg heroin - Confession - Accused contended that his statement is not voluntary since the same has been retracted by him - Contention rejected as statement u/s 67 of Act, written by accused himself in his own handwriting and the statement not only contains personal and family details but also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, Evidence Act, 1872, Section 30 -- Pilfering 10 kgs of heroin from Malkhana - Confession of co-accused - Joint trial - Normally, statement of a co-accused, cannot be read against the other but an exception to this rule is set out in S.30 of Evidence Act when there is a joint trial - Since both accused persons..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 11.976 kg of heroin - Statement of accused u/s 67 of Act - Such statement is admissible in evidence as same is made prior to arrest of accused...........
Evidence Act, 1872, Section 45, 47, 67, 73 -- Disputed signatures - Expert opinion - Opinion of third Govt. expert - Conflicting opinions from equal number of experts between two sides - Held, although opinion of third expert is not binding upon Court yet trial Court being a Court of fact has to arrive at independent decision and opinions of experts are not binding upon..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23, 67, Evidence Act, 1872, Section 25 -- Recovery of contraband - Retracted confession - Appellant retracted from his confession only at the time of recording of statement u/s.313 Cr.P.C. - Confessional statement corroborated by statements of PW4 & PW5 who have seen appellant throwing packet while raising..........
Evidence Act, 1872, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23, 67 -- Recovery of contraband - Confession - Proof - Contention that independent witnesses associated at time of recording of confessional statement were not examined - Held, recording of confessional statement is by an empowered officer, therefore, such statement can be..........
Evidence Act, 1872, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 67 -- Recovery of contraband - Confessional statement - Perusal of confessional statement shows that appellant gave graphic detail of manner of operation regarding importation/transportation of drug - Such statement stands corroborated by confessional statement of co-accused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 67 -- Contraband - Statement made by accused before NCB officials - Thereafter accused arrested - Thus when statement was made by accused to NCB officials he was not in their custody - Statement not hit by S.25 of Evidence Act...........
