Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 8(c), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of Ganja - Commercial quantity - Samples taken at the spot sent for Chemical Analysis but sample taken before Magistrate not sent for Chemical Analysis - Accused has made out case for bail - Contraband seized is commercial quantity..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Fire arm injury - Circumstantial evidence - Deceased died from a .12 bore gunshot, which could not be ascribed to rifles issued to accused - There is no recovery of .12 bore gun from any of accused - After the incident police arrived at the place and took the injured to hospital - According to prosecution accused were..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 500 gms Smack - Accused was never informed regarding his statutory right to be searched before Magistrate or Gazetted Officer - There is gross violation of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 500 gms Smack - Most vital witness who prepared recovery memo not examined by prosecution - No explanation given by prosecution as to why this star witness has not been examined - Recovery of contraband from possession of accused is thus, doubtful - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 5.2 grms smack - Reduction of sentence - Accused is first time offender - Recovery effected from him was non-commercial quantity of contraband weighting 5.2 gms of smack - Accused has undergone sentence of 4 months and 21 days out of 6 months and he is sole breadwinner of his family consisting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii) -- Contraband - Bail - Recovery of 247 kg. Ganja - Accused already spent more than three and a half years in custody - Conditional liberty in a case of prolonged incarceration, must override the statutory embargo created u/s 37(1)(b)(ii) of the Act - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii) -- Contraband - Bail - Recovery of 247 kg. Ganja - Accused already spent more than three and a half years in custody - Formation of opinion as to whether there are reasonable grounds to believe that accused is not guilty, the same may not be formed at this stage when accused has already spent more..........
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 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...........
