Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Recovery of - Serious contradictions in the statement of witnesses - Sample alleged to be taken in a tin box but FSL report that it was received in a plastic container - Sample of 20 gms. taken but witnesses deposing that sample was weighing 27 gms. - Seal after use alleged to be handed over..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Recovery - Deposit of sample and contraband and sending of the same to FSL - Procedural in nature - It is to be seen and ascertained in each case whether any prejudice has been caused to the accused or there has been a waiver on his part...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Recovery of - Seal - Till the case property is despatched to FSL, the seal should not be available to the prosecuting agency and in the absence of such a safeguard the possibility of seal, contraband and the samples being tampered with cannot be ruled out - The said circumstance may arise in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of - Seal - Safeguard to be maintained for sanctity of the search - Till despatch of case property to Chemical Examiner/FSL, seal should not be available to the prosecuting agency - In absence of such safeguard, the possibility of seal being tampered with, substance being changed and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 42, 50 -- Smack - Recovery of five packets from pant of accused - Accused searched by officer authorised u/s 42 of the Act - Consent of accused in writing to be searched by that officer - Positive report of FSL - S.50 of the Act duly complied with - Presence of Gazetted Officer in raiding party does not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 30 bags - Delay of 10 days in sending sample to FSL - Held, that mere delay in sending sample to FSL is not fatal when there is evidence on record that the seized articles were kept in proper and safe custody...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 30 bags - Delay in sending sample to FSL - Seals on sample not legible - Plea that sample was not the same as examined by Chemical Examiner - Held, in absence of any challenge to the report of Chemical Analyst and not summoning him as a witness, plea is not sustainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 56, 57 -- Charas - Sample of 25 grams sent to FSL wherein it was found 27 grams - Sample found intact and there was no tampering - Held, variation of 2 grams is ignorable and accused is not entitled to benefit of doubt...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of contraband - Non filing of Form No.29 (FSL form) at the time of effecting alleged recovery and the same being not deposited in malkhana - Taken as a serious flaw in investigation...........
Indian Penal Code, 1860, Section 376 -- Rape - Girl aged three and a half years - Consistent evidence of parents of victim showed that on date of occurrence victim came home crying and narrated that appellant had threshed his penis into her vagina which had caused bleeding to her - Statement of victim though short and concise was specific and clear - Victim stood firm in..........
