Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Recovery of 2 kg 60 gms opium - I.O did not properly conducted investigation proceedings right from seizure of contraband from accused uptill samples were sent to FSL for chemical examination - Contraband seized was not produced in prosecution evidence before trial Court - Even signatures of I.O..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 9.100 kg opium - Grave discrepancy regarding safe custody of samples - Seizure Officer when confronted with the physical appearance of the exhibited articles candidly agreed that exhibited articles did not bear any signatures, seals or other identifying marks so as to connect them with the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 8 kg 100 gm opium - Non-production of muddamal in same condition before Court and no, production of control samples before Court - Serious infirmities in prosecution case - Fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 8 kg 100 gm opium - Non-production of independent witnesses - Recovery effected from public place - However, no efforts made by police to procure independent witnesses - Non-production of independent witnesses casts serious doubt on prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Recovery of 6.150 kg opium - Merely because panch witnesses not supported the prosecution case, it cannot be said that police concocted various documents and framed a false case to persecute the accused, particularly when they have not denied their signatures on various documents...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Recovery of 6.15 kgs of opium from dikki of motorcycle - Appeal against conviction - Provisions of Ss.55, 57, 50 duly complied with - Accused "G" being registered owner of motorcycle, it logically flows that accused was in conscious possession of contraband - Conviction upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Appeal against conviction - Pillion rider - Recovery of 6.15 kgs of opium from dikki of motor cycle - Accused "P" pillon rider not owner of motorcycle - No evidence on record that he has knowledge of contraband being kept in motorcycle - No evidence to show from where accused "P" took lift from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18 -- Recovery of 6.710 kg. opium - Muddamal seized from accused not produced in Court in the self same condition - Entire seizure, held, not established - Conviction and sentence set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 8.800 kg opium - No document pertaining to transit of sample from police station to FSL was exhibited and proved at trial - Failure to prove such document lead to irrefutable inference that link evidence is breached - Prosecution failed to prove fact that sample remained intact till same..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 8.800 kg opium - Copy of FSL report was neither provided to accused, nor any question was put to accused regarding FSL report when he was examined u/s 313 Cr.P.C. - Failure of trial Court to put a specific question as regards FSL report has definitely prejudiced accused - Accused acquitted...........
