Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52 -- Recovery of 200 gms opium - Non-compliance of S.52 of the Act - Averments regarding compliance of S.52 of the Act is available in recovery memo and first information itself - PW1 stated that accused was informed his right to be searched before a Gazetted Officer or Magistrate and his written consent was..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Beating by police personnel, taking money of One lakh and not entering the same in recovery memo - Act not in discharge of official duty - Sanction for prosecution not required...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 1 Qtl. 20 kg chura poppy heads - Accused acquitted as : (i) Presence of DSP at the spot highly doubtful as this witness is not examined in Court and except for the recovery memo, he has not signed any other document; (ii) Presence of independent witness at the spot also doubtful; (iii)..........
Indian Penal Code, 1860, Section 380, 411, 413 -- Theft - FIR lodged against unknown persons - Subsequently, alleged recovered stolen ornaments with cash money was said to have been made from accused - Neither identity of recovered article was established nor produced before Court nor alleged recovered article was connected with incident of theft - More so, said recovered..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(2) -- Recovery of 2 kg charas - Two lady accused sitting in compartment of Train found in possession of charas - Accused searched at platform - They failed to show any license for the same - No infirmity in the evidence of PW2, independent witness - Non-mentioning of child of accused in recovery memo who was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg 350 gms Charas - Non-compliance of provision of S.50 of the Act - Neither in recovery memo nor in complaint it is mentioned anywhere that accused was informed by search team about his right of being searched before a Magistrate or a Gazetted Officer - Statements of witnesses given during..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 23 -- Recovery of 1 kg 350 gms Charas - Search and seizure - Charas was not properly sealed - There is discrepancy on this point in statements of PWs - Recovery memo that recovered charas was sealed in clothe and sample was taken - It was four to five samples, however, it has been nowhere mentioned in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 28 kg poppy husk - Search and seizure - Official witness who arrested accused not examined by prosecution - Chit pasted on gunny bags is in torn condition and is not properly decipherable and therefore, identity of case property is not proved - Recovery memo not signed by SHO or by independent..........
Indian Penal Code, 1860, Section 302, 323, 148, 147, Evidence Act, 1872, Section 27 -- Murder - Seizure memo and identification memo - Recovery of weapon of offence and identification of spot claimed to have been effected on basis of statements made by accused during their police custody - But no such statements in accordance with provisions of S.27 of Evidence Act..........
Evidence Act, 1872, Section 27, 59, 60, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of blood stained lathi at the instance of accused - Murder case - I.O did not specifically narrate before Court as to what exactly accused stated to him while giving information u/s 27 of Evidence Act - Actual words as stated by accused to I.O should have been..........
