Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 22, 50 -- Recovery of 1 kg 490 gms charas - Search and seizure - Neither intimation is sent to Superior Officer, nor any entry is made in the station diary - PW9 has sent 40 gms of muddamal to FSL whereas, as per letter of FSL, it has received only 28.526 gm - No explanation as to difference in weight is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence u/s 20(b) of Act of 1985 - Challan filed without FSL report - Not a complete challan - Accused is entitled to default bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Report of FSL is a public document and admissible in evidence - There is no requirement to call Director of that Laboratory to get report proved - Report on record shows that sample sent to it was found to be charas - Remaining recovered charas was produced..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 50,000 tablets of Tramadol - Interim bail till receipt of FSL report - Tablets were packed, manufactured in a factory, having batch number and expiry date - Salt, potency and weight of tablets were there on packing - It is not the case where..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 12 packets of poppy straw - Representative sampling - One out of 12 packets of poppy straw sent for FSL - No sample taken from the remaining 11 samples - There is thus, violation of Standing Order 1/89 dated 16.9.1989 section II General Procedure for Sampling etc. - Nothing on record to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 12 packets of poppy straw - Non-compliance of S.55 of the Act - No evidence adduced on behalf of prosecution that recovered poppy straw was kept in a sealed cover and specimen was made in a proper way in safe custody from date of recovery upto date of sending one packet for testing to FSL - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Contraband - Sampling process - No evidence on record as to where article had been kept after same was recovered till it was produced in Court - Neither there is any evidence as to whether seal put on parcel was intact and there was no tampering with seal at any stage and article received by FSL..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 27A -- Recovery of 29.500 kg Ganja - Delay in sending sample to FSL - Entire investigation process was almost complete on same day when search, seizure and sampling was made i.e on the date of occurrence dated 27.3.2014 itself - Therefore, there is no reason for delayed prayer to Court on 5.5.2014..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Recovery of 2 kg charas - Appeal against conviction - Accused acquitted on following grounds: (i) No evidence that recovered contraband was kept intact in malkhana; (ii) personal search of accused not conducted before a Magistrate or any Gazetted Officer and there is no consent letter of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), 22 -- Recovery of charas - Appeal against conviction - Accused acquitted for following reasons: (i) prosecution not produced evidence to prove that recovered contraband was kept intact in malkhana from alleged date of its recovery; (ii) personal search of accused not conducted before a Magistrate or any..........
