Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(c), 29 -- Default bail - Contraband - Charge sheet filed within period prescribed but not accompanied by FSL report - Cannot be termed as defective or incomplete - Accused not entitled to default bail...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 27A, 29, 36A -- Contraband - Challan presented without FSL report - Contention that report of FSL form very foundation of case of prosecution and is an integral part of challan cannot be brushed aside - Default bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 3.750 kg charas - Non-compliance of provision of S.42 of the Act - Chance recovery - Police party was on patrolling as well as traffic checking duty at the relevant time - Police has no prior information regarding transportation of charas by accused - Provision of S.42 of the Act not applicable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3.750 kg charas - Non-compliance of provision of S.50 of the Act - Recovery not effected from personal search of accused - But the same was found containing rucksack which was with accused who was pillion rider of scooter driven by co-accused - Provision of S.50 of the Act not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3.750 kg charas - Search and seizure - Star witness of case is I.O - I.O himself destroyed the prosecution case by giving three options to accused regarding their search i.e before Magistrate, Gazetted Officer or police, which casts shadow of doubt over prosecution case - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3.750 kg charas - Documents allegedly prepared by I.O at the spot containing FIR number - It seems that entire contents were written in one go - Omissions of I.O to depose after receiving case file and registration of FIR, he had filled relevant column of documents by mentioning FIR number in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3.750 kg charas - Official witnesses do not inspire confidence - Version of official witnesses that contraband recovered from possession of accused is not supported by independent witness - Alleged eye witness has not supported version of police - There is non-compliance of mandatory provisions..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of Ganja - Contraband seized from cardboard box that was being carried by accused on his shoulder - This apparently is not a recovery or seizure from `person' of accused - S.50 of the Act is not applicable as such its compliance or non-compliance is immaterial...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of Ganja - Delay in producing contraband before Court - Mere delay in producing contraband article is no reason to reject entire prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of Ganja - Delay in producing contraband before Court - Production of contraband article on the next day has not affected prosecution case in any way because a plausible reason has been given by PW1 and he has also explained that till the article was produced before Court, it was in his..........
