Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 4 bags of poppy husk - Search & seizure - Non-compliance of S.55 of Act - DSP present at spot has not put his seal on the case property for unexplained reasons - This makes the presence of DSP at spot suspicious - It suggests that he only signed the memo of recovery while siting at the police..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 4 bags of poppy husk - Search & seizure - Non-compliance of S.57 of Act - DSP being Senior Officer was already present at the spot for imparting necessary instructions for checking of vehicles but he did not send special reports with regard to case as prescribed u/s 57 of Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985 - - Recovery of 4 bags of poppy husk - Search & seizure - Grounds of arrest was not disclosed to accused - Only official witnesses was examined, no independent witness was examined - Prosecution also did not lead evidence whether Chemical Analyzer received the sample with proper intact seals - In the facts of case and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of opium - Search & seizure - Documents clearly reveal that no offer was given by investigating officer to accused to get him searched either in the presence of a Magistrate or a gazetted officer - Requirement of S.50 of the Act, not complied with - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 54, 18 -- Recovery of opium weighing 12.500 kg - Search and seizure - Accused in his statement u/s 313 Cr.P.C did not offer any explanation at all for opium being found in his truck - No tampering with sample before it was analyzed in CRCL - Substance analyzed in laboratory was same which PW5 seized from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of opium - Confession - Seizure of drug from truck being driven by accused finds corroboration from his statement u/s 67 of Act - Statement duly proved by PW5 who recorded the same - Said confessional statement made voluntarily can be safely used for convicting accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of poppy husk - Search and seizure - Recovery of 30 bags of poppy husk each containing 40 kgs from truck of appellants - Requirement of S.50 of Act is necessary only when recovery is made on search of person of accused and not on search of bags or vehicle in which contraband is being carried -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of poppy husk - Search and seizure - Appellants were produced before Magistrate and order was passed by Magistrate granting remand of appellants - PW2 obtained necessary orders from Magistrate on same day by producing case property before Magistrate - Seals were found intact - There is substantial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52 -- Recovery of poppy husk - Search and seizure - PW2 produced truck and case property and also appellants before Magistrate - Case property was deposited with seals intact - However, Magistrate has not affixed his own seal on gunny bags containing poppy straw but saw the case property - Provision of S.52 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of poppy husk - Search and seizure - Information was sent to DSP by wireless message to reach the spot and supervise the whole proceedings - Intimation in writing was also sent from spot on the basis of which FIR was registered - Even after registration of FIR necessary intimation was sent to..........
