Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Recovery of 7 kg opium - Nothing on record to satisfy as to what were specimen seal impressions which were allegedly forwarded by I.O to FSL along with samples of contraband - Link evidence pertaining to sanctity of sample is breached - Accused rightly acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 37 kg ganja - Testimony of PW1 with regard to DD entry relating to movement of patrolling party and call details records pertaining to said raiding party completely discredited prosecution case that patrolling duty was at the spot at the relevant time - Material discrepancies in testimony of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 250 gms opium - Search and seizure - Neither Muddamal nor sample packet returned from FSL were exhibited - There is no satisfactory material available on record which can satisfy Court that seizure of contraband opium was actually effected by Seizure Officer during personal search of accused -..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Default bail - Recovery of intoxicating capsules - Report u/s 173(2) Cr.P.C filed by police before expiry of period of 180 days without FSL report, which cannot be said to be incomplete so as to grant accused default bail - More so, FIR no. was wrongly..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 300 tablets of Buprenorphine - As per report of FSL, total quantity of prohibited substance Buprenorphine found in entire recovery is only 0.594 grams, which is less than even small quantity prescribed for substance -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(b) -- Recovery of 250 gms charas - Non-production of material exhibit in Court - Nor one of sample which might have been retained by I.O. brought up - In order to substantiate sample was prepared at the spot having signature of accused, seizure-list witnesses as well as informant should have been..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Bail - Offence u/ss 21, 22 NDPS Act - Recovery of 110 grams of intoxicant powder containing prohibited substance alprozolam - As per the FSL report, total quantity of prohibited substance alprozolam found in the entire recovery is only 0.38% which is less..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 25 injections of buprenorphine - FSL report does not show presence of any prohibited substance as the result of chemical examination - Even, quantity of prohibited substance comes less than the small quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 160 vials of cough syrup - Delay of five days in sending samples to FSL - Samples reached FSL duly sealed and not tampered with - Delay of five days in sending sample thus, has no effect on merits of case...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 8(c), 17(c), 21(c), 22(c), 29, 35 -- Default bail - Offence u/ss 8(c), 17(c), 21(c), 22(c), 29, 35 of NDPS Act - Accused arrested and in judicial custody for more than 300 days - Prosecution did not file an application u/s 36-A(4) of NDPS act praying for..........
