Narcotic Drugs and Psychotropic Substance Act, 1985, Section 15 -- Recovery of 60 bags of poppy husk from canter - Appellant owner of canter in question - Presence of appellant at the spot doubtful - DW4 concluded in his inquiry that appellant is innocent as he was present with his father for getting him treated qua fracture suffered by him o the day of recovery -..........
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 only described as Chacha in ruqa - Appellant not apprehended at the spot although police party consisted of six police officials - Possibility that appellant might have been falsely involved in case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Conviction under Old Act - Appeal filed after Amendment of Act came into force - Applicability - Alleged recovery, after amendment Act treated as no, commercial - Held, amended act is applicable as amended Act came into force on 02.10.2001 and conviction recorded on 03.10.2001 -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence - Recovery of 40 kg of poppy husk - Conviction - Appeal against - Prima facie not shown that prosecution discharged its burden of establishing that appellant had 'knowingly' allowed his truck to be used for carrying contraband - Appellant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 20 kgs of Poppy husk - Independent witnesses - Not examined being won over - Not fatal to prosecution case - Fate of case cannot be left to the whims and fancies of the independent witness associated with the case - Court has to examine the evidence on record to decide the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 20 kgs of Poppy husk - Delay of 8 days in sending sample to Chemical Examiner - Not fatal to prosecution case when there is evidence that there was no tampering with the sample parcel and report of chemical examiner also affirmed that seal impressions on the sample parcel were intact and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 20 kgs of Poppy husk - Quantum of sentence - Accused convicted for one year R.I. - Recovery took place more than 11 years ago - Appellant is at present 66 years old - Appellant has already remained in custody for 5 months 16 days - Sentence reduced to period already undergone - Amount of fine..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 42 -- Bail - Recovery of 120 Kgs. of buds of poppy husk - It is a commercial quantity - Raid conducted on a secret information - Non compliance of S.42 of the Act alleged but no prejudice shown except that it creates suspicion - Benefit of non compliance of provision of S.42 of the Act is available after..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Second application - Recovery of 2 Kg. opium - FSL report received - Morphine found 2.47 - Substance recovered coagulated juice of opium poppy and not any mixture - Content of morphine in the contraband is totally irrelevant - Entire substance has to be considered as opium - Also a number of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8,15 -- Poppy husk - Recovery of 49 bags from a truck - Sample - Taken out from each and every bag mixed at the spot and mixture divided into two parts - One part sent for analysis - Not fatal to prosecution case as (i) when substance taken out from each of the bag was smelt it gave the smell of poppy husk and..........
