Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 52A -- Recovery of 35 kgs ganja - It is apparent from written report that informant has not disclosed that sampling was made at spot soon after search and seizure - Even, same evidence is reiterated by PW4 during trial and as such failed to disclose with regard to preparation of sample after I.O...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 68F -- Search and Seizure - Forfeiture of property - Articles seized on basis of search - It does not amount to seizure or freezing of property u/s 68-F of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of poppy straw - Search and seizure - Non-production of original seal in Court - Prosecution failed to produce original seal in Court in order to compare the original seal with sample seal of parcel - Non-production of original seal in Court is fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 560 kgs charas - Secret information - Non-compliance of provision of S.42(2) of Act - Search, seizure and arrest made by a Gazetted Officer and his other colleagues were officers of gazetted rank - Conviction cannot be set aside on account of failure of said officers to comply with S.42(2)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23, 20(ii)(c) -- Recovery of 560 kgs charas - Non-commercial quantity - Reduction of sentence - Prosecution failed to adduce any evidence that accused were owners of consignment of illicit charas as no attempt was made to search and arrest original owner as alleged by accused and array him as an accused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Non compliance of mandatory provision of S.42 of the Act - Requirement not complied with at all entirely and not even within 72 hours of search and seizure being affected - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 21 -- Recovery of Proxyvon capsules - Recovery memo mentions FIR No. even before registration of case - No contemporary documentary evidence to demonstrate that seized packets of samples and remaining stock of alleged contraband were kept in malkhana before forwarding of samples to FSL for chemical..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Search & seizure - Ruka was sent from the spot narrating all the facts, on the basis of which formal FIR was recorded and copy thereof was also sent to Illaqa Magistrate - There is due compliance of S.42 of Act - Conviction, upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54, 35 -- Contraband - Search & seizure - Conscious possession - Accused in possession and in control of truck driven by him and as such it cannot be said that accused was not in conscious possession of contraband - It is for the accused to explain under which circumstances contraband was in his possession,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Contraband - Two independent witnesses - Deposed against prosecution case - Not declared hostile - Prosecution cannot disown the evidence of the evidence of such independent witnesses - Held, if version of two independent witnesses is considered to be version of prosecution, then entire case of..........
