Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 391 gms brown colour narcotic powder - Bail - There is no independent witness of alleged recovery - Constables of Railway Police Force cannot be said to be independent witnesses -Though search was conducted in presence of Gazetted Officer,..........
Indian Penal Code, 1860, Section 394 -- Offence u/s 394 IPC - Enmity between accused and informant - There is no recovery of any robbed material from possession of accused - I.O did not even care to ascertain whereabouts and identities of other co-accused who are stated to have accompanied accused - Even, no efforts made by I.O to recover household items allegedly robbed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Non-compliance of mandatory provision of the Act - Cannot be looked into at this stage for grant of bail unless there is any glaring irregularity which will make the seizure itself illegal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Intermediate recovery - Does not attract bar of S.37 of NDPS Act - Recovery was from a fridge kept in the house which indicates that accused was using his premises for commission of offence - Cash recovery of Rs.2.52..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Recovery of five bags of poppy husk - Merely because independent witness was not examined by prosecution and he rather opted to appear as a witness for defence does not cause any damage to prosecution story...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 78 -- Recovery of five bags of poppy husk - Delay of 72 hours in sending sample of poppy husk to office of Chemical Examiner not fatal to prosecution case, as S.78 of the Act does not make any provision of sending sample to FSL within 72 hours but provided only to send the same within reasonable time...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of five bags of poppy husk - I.O had informed accused of their right to get search conducted in presence of Gazetted Officer or a Magistrate and accused opted to get search conducted in presence of a Gazetted Officer - DSP had been called at the spot who again apprised accused to their right of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Recovery of five bags of poppy husk - Conscious possession - Prosecution proved that five bags of poppy husk each containing 30 kg had been recovered from car in question and both the accused are to be taken in conscious possession thereof - Merely because DSP is not examined does not make any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(C) -- Recovery of poppy husk - Contraband recovered from pit covered with soil in the field - No evidence on record that accused was in possession of such land - Investigation of case has been conducted in a very causal and unprofessional manner - I.O did not find anything incriminating against persons who..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Contraband - Presumption u/s 54 of the Act - It must first be established that a recovery was made from the accused...........
