Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 420 Kgs. (14 bags) of poppy husk - Conscious possession - Accused `B' & `A' apprehended at night time, while shifting the bags by joining truck and tractor trolley from their backs - No evidence led that they were not present at the time of occurrence - Held, in the absence of any plausible..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 420 Kgs. (14 bags) of poppy husk - Conscious possession - Non examination of witness who identified accused `J' - Seriously affects prosecution case regarding the complicity of accused `J' who was not arrested at the spot and nothing was recovered from him which goes a long way to prove his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 420 Kgs. (14 bags) of poppy husk - Conscious possession - Plea of non production of case property before Court during trial - Sealed parcels of case property were produced before Magistrate - Seals were found intact and Magistrate appended her signatures on the sealed parcel - Held, destruction..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Reduction of sentence - Recovery of 420 Kgs. (14 bags) of poppy husk - Sentence of 20 years - Certainly on the higher side - Sentence reduced to 10 years from 20 years and fine reduced to Rs.One lakh each from Rs.Two lakh each...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 37 -- Bail - Commercial quantity of psychotropic substance - Recovery of 19 bags of poppy husk, containing 30 kg in each bag, i.e., commercial quantity recovered from truck of petitioner - Truck was sold to him by registered owner - Documents of truck was recovered..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Nine days delay in sending sample - No allegations that seals on samples ever tampered with or altered - Witnesses duly proved that Investigating Officer had taken sample parcel and personally sealed them - Report does not reveal any tampering with seals when reached Laboratory -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Search conducted in fair manner - Case property as well as samples were properly sealed - Case property produced before Magistrate without any delay and free from any tampering - Case property deposited in malkhana in safe condition - No link evidence missing - Prosecution proved..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of poppy husk by Investigating officer on receipt of secret information - He must reduce it into writing and send it to SHO and required to inform higher authorities - But it is not mandatory to reduce it into writing - Substitute is provided to Investigating Officer to send full particulars of..........
Narcotic Drugs and Psychotropic Substance Act, 1985, Section 15 -- Conscious possession - Recovery of 60 bags of poppy husk from canter - Conviction - Sustainability - Appellant apprehended at the spot whereas other co-accused managed to run away - Appellant was driving canter in question on day of recovery - Appellant pleaded that he was ignorant of fact that canter in..........
Narcotic Drugs and Psychotropic Substance Act, 1985, Section 15 -- Recovery of 60 bags of poppy husk from canter - Presence of appellant at the spot doubtful - Appellant suffering from diabetes mellitus and fracture on his right leg and plastered for three weeks - Even in Court, appellant appeared on wheel chair as is evident from cross examination of PW6 - Not possible..........
