Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Unexplainable delay of six days in sending sample to chemical examiner - Such a delay is fatal and the same is also in violation of the Standing Instruction No.1/88 dated 15.3.1988 (Narcotic Control Bureau, New Delhi) - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 57 -- Contraband - Conviction - Validity - Nothing on record to show that alongwith appellant, contraband recovered from him or sample drawn were produced before trial Court - Sample seal and malkhana register not produced on record - 10 days delay in sending samples for chemical analysis - No paper on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42(a) -- Contraband - Accused acquitted on the grounds : (i) No explanation for delay of 12 days in sending sample for chemical examination; (ii) Seal after use was not handed over to independent witness; (iii) Secret information was not reduced into writing and copies of same were not sent to higher..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42, 55 -- Poppy husk - Recovery of 5 bags weighing 35 kg. each - Accused acquitted on the grounds : (i) secret information received neither reduced into writing nor a copy of the same was sent to superior officer; (ii) Delay of nine days in sending sample for chemical examination; (iii) Independent witness..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42 -- Poppy straw - Recovery of 8 bags containing 40 kg. each - Accused acquitted on following grounds : (i) Raid conducted on the basis of secret information and one independent witness joined but not examined; (ii) Seal handed over to independent witness but he was not examined; (iii) It has come in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 55, 57 -- Contraband - Delay of about two months in sending sample for chemical examination - Prosecution failed to give any explanation for withholding sample for such a long time - No genuine effort was made by police party to join any independent witness - Recovery was effected from scooter being driven..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Delay in sending sample for chemical analysis - Not always fatal - However, when such delay is inordinate and unexplained coupled with the fact that link evidence is either missing or unreliable or deficient, prosecution story is rendered doubtful...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Accused acquitted as (i) Delay of 8 days in sending sample for analysis not explained ; (ii) seals remained with the police officials, therefore, possibility of tampering with the sample and case property cannot be ruled out; (iii) independent witness not examined...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 21, 42 -- Contraband - Sending of samples - A wrong date due to clerical error is reflected in affidavit - Samples received by FSL without any delay - There was no tampering with seal - Contention that weight of sample was lesser than what actually sent to FSL - Contention rejected as weight given in FSL..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Delay in sending samples - Delay of six days in sending the sample to CFSL - No explanation as to why the samples were not immediately deposited to laboratory for examination - Held, since quantity allegedly recovered being small (15 kg of crushed poppy husk), possibility of plantation cannot..........
