Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 9.90 grms heroin - Testimony of material witnesses is consistent - All of them fully withstood the test of cross-examination and nothing favourable could be extracted from their cross-examination - Statements of material witnesses are quite natural, consistent and reliable on the point of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 9.90 grms heroin - Reduction of sentence - Accused is behind the bars since 2019 and he has already undergone sentence of about 3 years and eleven months - Taking into consideration the quantity of heroine recovered from possession of accused, sentence of five years imposed on accused is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Disposal of seized contraband - When there is non-compliance of S.52-A of the Act, where a certification of a Magistrate is lacking any inventory, photograph or list of samples would not constitute primary evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 15(c), Evidence Act, 1872, Section 114(g) -- Recovery of poppy straw - Burden of proof - Burden heavily lies on prosecution - Non-production of physical evidence would lead to a negative inference within the meaning of S.114(g) of Evidence Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of poppy straw - Non-compliance of provision of S.52-A of the Act - Prosecution permitted to keep the seized materials within the police station, to be produced at a later point of time by trial Court - This itself is a sufficient indication that the mandate of S.52-A of the Act has not been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of poppy straw - Non-compliance of provision of S.52-A of the Act - No explanation either for non-production of seized materials or the manner in which they are disposed of - No order passed by Magistrate allowing the application, if any, filed u/s 52-A of the Act - Executive Magistrate has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 15(c) -- Recovery of poppy straw - Search and seizure - PW5 who was a police officer himself had deposed on the existence of very same seized materials even before the occurrence - This testimony which destroys the very basis of prosecution case has not even been challenged - There is thus, serious doubt..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6 kgs opium - Recovery of contraband had taken place from bag which was held by accused in his hand and not from personal search of accused - Question of compliance or non-compliance of S.50 of the Act is irrelevant - S.50 of the Act not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6 kgs opium - Search and recovery from a bag, brief case, container etc. does not come within ambit of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 6 kgs opium - Parcel containing sample was sent to office of chemical examiner was in an intact condition and seals were very clear - As case property was lying in judicial Malkhana for almost 2 years and was produced in Court in 2010 - During this period some damage was caused to case property..........
