Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Recovery on secret information - Non joining of independent witnesses - Not fatal when evidence of official witnesses is cogent, convincing, creditworthy and reliable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 20 bags each containing 35 kg. of poppy husk - Independent witness not joined - It was a chance recovery - Mere non joining of independent witness, when evidence of prosecution witnesses, is cogent, convincing, creditworthy and reliable and there was no reason, on their part to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 10 kg. - Independent witness not joined - It was a chance recovery - No evidence that independent witness was present and not joined - On account of mere fact that no independent witness could be joined on account of non availability, at the time of recovery, the evidence of official..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Conviction challenged that independent witness not joined - It was a chance recoery - Police made efforts to join indpendent witnesses but in vain - When evidence of prosecuton witnesses is relaible, mere non joining of an indpendent witness is not fatal to proseuciton case. Mere non-joining..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 18 -- Opium - Recovery of 7.200 kg. - Two independent witnesses not supporting prosecution case at all - Accused denied specifically presence of lady constable to search one of the female accused - Lady constable not examined and was given up - No evidence that seal impressions were separately sent to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 55 -- Poppy husk straw - Recovery of 59 bags loaded in a truck from five appellants - Conviction - Appeal against - Eye witnesses and recovery witnesses turned hostile - Nothing on record as to from where tuck was loaded with poppy straw and by whom - Violation of S.25 of the Act as no enquiry was made..........
Independent witness -- Non examination - Adverse inference has to be drawn when evidence of eye witnesses suffers from various infirmities...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55 -- Contraband - Recovery of - Seal after use handed over to an official witness when two independent witnesses were present - Prosecution gave no explanation for preferentially handing over the seal to an official witness - Sample received by Chemical Examiner after a delay of 15 days - Delay coupled with..........
Evidence Act, 1872, Section 3 -- Evidence - Police witnesses - Credibility - Held, it is not law that police witnesses should not be relied upon and their evidence cannot be accepted unless it is corroborated in material particulars by other independent evidence - Presumption that every person acts honestly applies as much in favour of a police officials as any other..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Search and seizure - Independent witness - No effort made to join an independent witness - It was imperative for IO to join an independent witness - However evidence of official witnesses, if it is creditworthy, cannot be disbelieved when not corroborated by independent witness - However when..........
