Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Mere non production of specimen seal during the course of trial cannot lead to inference that the entire seizure and recovery was wrong and illegal - Accused `S' rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 30 kg poppy husk - Non-compliance of provision of S.52-A of the Act - Samples were not drawn in the presence of Magistrate - There is thus, lapse on the part of I.O to comply with provisions of S.52-A of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 30 kg poppy husk - Personal search of accused was also conducted along with recovery of poppy husk from the truck - It is thus, obligatory on the part of I.O to produce accused before nearest Magistrate - There is thus, non-compliance of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Representative samples were sent after a delay of 11 days to Chemical Examiner - This delay amounts to violation of Standing Order No.1 of 1988, issued by Narcotics Control Bureau, which mandates sending of sample to chemical Examiner within 72 hours - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - ASI/PW5 is the complainant and he also conducted investigation - Entire investigation stands vitiated on this account - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Non-joining of independent witness - Place of recovery is a busy road and there are residential and commercial establishments - No explanation is forthcoming as to why independent witnesses were not joined - Failure of I.O to associate an independent witness at the time of..........
Indian Penal Code, 1860, Section 411, Evidence Act, 1872, Section 27 -- Offence u/s 411 IPC - Disclosure statement - Recovery of money, jewellery etc. - Independent seizure witnesses who were allegedly present during seizure/recovery of stolen articles from the house of accused `M' having turned hostile and not supported prosecution case - Standalone evidence of I.O on..........
Money suit -- Recovery suit for money based on dishonoured cheques - Cheques in question were dishonoured for insufficiency of funds - Notice issued by plaintiff was not replied by defendant - PW2 who was a witness to transaction found to be reliable witness and nothing has been brought to notice of Court to discredit the witness - Trial Court rightly rejected the defence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 1 kg Charas - Recovery effected do not fall within definition of commercial quantity, as said quantity is not greater than quantity specified by Central Government vide its notification - Accused committed an offence punishable u/s 20(b)(ii)(B) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 1 kg Charas - Reduction of sentence - Accused who is about 49 years of age is the sole earning member of his family having four children to look after - He is not involved in any other criminal activities after his conviction and no other criminal case is pending against him -..........
