Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35,54,8,15 -- Poppy husk - Recovery of 49 bags from truck - Appellant was found sitting in truck as a driver - It was for appellant to prove beyond reasonable doubt that he was not knowing the fact that in truck, apart from bags of turmeric, bags of some contraband in a concealed condition are also loaded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of - Chemical Examiner Report that samples tested positive for meconic acid and morphine and found to contain contents of opium - Report absolutely silent about the presence of the coagulated juice of the opium and percentage of morphine - Report of Scientific Expert has to specifically..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 2(xv) -- Substance recovered commercial quantity in the form of coagulated juice of opium poppy - It was not a mixture of opium with any other neutral substance - There was no preparation to produce any new substance from the said coagulated juice - FSI report that substance is opium in which percentage of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy straw - Seizure of - Independent witness not joined - Accused found sitting on three gunny bags containing poppy straw - Seizure made at 5.30 A.M. - It was outcome of sudden meeting between Police Party and appellant/accused - Difficult to get an independent witness - Recovery effected in presence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 52 -- Poppy straw - Recovery of - Case property and sample sealed but seal was not given to independent witness but remained with one ASI for 10-15 days, who was not examined - Accused was produced before Illaqa Magistrate, but the case property and sample not produced - No mention of sample seal in report..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy straw - Recovery of 20 kg. by police party on patrol duty during late night - No independent witness joined - There was no prior information with the Investigating Officer - Held, there was no deliberate act on the part of the Investigating Officer to have not joined independent witness before..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 25 Kg. - Sample - To be sent to Chemical Examiner only with the directions of the Courts on a request of I.O. - Otherwise, a concocted sample can be sent straight away by a police sleuth to the Chemical Examiner to foist a case against an innocent person...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 154 -- Poppy husk - Recovery of 10 Kgs. by police party on patrol duty - Accused acquitted on the following grounds : (i) Sole independent witness though allegedly won over was not examined and thus there was no occasion to confront the independent witness with his earlier..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54 -- Recovery of poppy straw from the conscious possession of accused - Accused acquitted as (1) Neither any specific question with regard to conscious possession framed nor put to the accused while recording his statement u/s 313 Cr.P.C.; (2) Seal after use not given to independent witness but retained..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Both accused found sitting on bags each containing 30 kg. of poppy husk - Appellant convicted u/s 15(c) - Co-accused acquitted - Appellant pleaded recovery of only 30 kg. from his possession - Recovery is non commercial - Conviction converted to S.15(b) of the Act...........
