Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 7 kg charas - Material contradictions in the testimony of complainant and official witness PW4 regarding search and seizure of contraband - Failing to associate independent witness in such situation creates dent in the prosecution case - High Court failed to appreciate the recovery of knife at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 6.600 kg ganja - False implication - Search and seizure was made in presence of Gazetted officer and two public witnesses - Seizure list prepared on the spot contemporaneously lends credence to evidence of said witnesses - No motive attributed to police witnesses for false case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Evidence Act, 1872, Section 91, 92 -- Recovery of 3 kg ganja - Independent witnesses - Admitting their signatures on recovery memo - Estopped to orally resile from the contents thereof...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 950 gms charas - Testimony of all official witnesses consistent with regard to conducting of raid and apprehension of accused - They all stated in one voice that charas was recovered from accused and notice u/s 50 of the Act was served upon him - Testimony of raiding party also corroborated by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 950 gms charas - Reduction of sentence - Accused facing trial since 1999 and almost 17 years have elapsed since then - He seeks reduction of sentence in view of amended Act in 2001, as punishments in NDPS Act is reduced - Accused already undergone about 3 years 8 months and 6 days incarceration..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(c) -- Recovery of 20.774 kgs of hashish - Court cannot disbelieve testimony of official witnesses solely on presumption that witness from department should be viewed with distrust...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(c), 67 -- Recovery of 20.774 kgs of hashish - Conscious possession - Contraband concealed in covers of Tibetan religious books to avoid its detection - Statement of all prosecution witnesses are consistent and despite searching cross examination, no infirmities have been elicited - Accused, a native from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(c), 54, 35 -- Recovery of 20.774 kgs of hashish - Conscious possession - Contraband was concealed in covers of Tibetan religious books to avoid its detection - Prosecution has proved accused's conscious possession and control over the contraband - Thus, once possession is established, person who claims that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 21 kg ganja - Anomaly in weight of sample sent for chemical examination - Would not affect merits of case, as same may be due to standard of weighting scale, weight and/or weight of packet in which it was kept...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 21 kg ganja - False implication - Accused in his statement recorded u/s 313 Cr.P.C. stated that he was falsely detained in dacoity case earlier and later on he was tagged in present NDPS case - PW7 admitted that accused was earlier detained for theft case - PW5 also admitted that he..........
