Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg 750 gms opium - Non-examining of independent witness - Though efforts were made to join independent witness, but none were available - Mere fact that case of prosecution is based on evidence of official witnesses, does not mean that same should not be believed - Non-examination of..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 25 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 344 gms 900 gms poppy straw - Accused was not present in vehicle when seizure was made - Strong grounds available to accused so as to challenge judgment of conviction -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 25, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused convicted u/ss 8/18 and 8/25 of NDPS Act - Accused undergone of more than half of actual imprisonment - Early disposal of appeal appears unlikely - Sentence of accused thus, suspended with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Contraband - Call detail between petitioner and main accused at the time of recovery is very much available on record, which clearly shows involvement of petitioner - Prima facie there is sufficient evidence available on record against petitioner for framing charge against him - Order framing charge..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 18 -- Recovery of 12 kg opium - Investigation of case was conducted by I.O not holding substantive rank of Sub-Inspector and thus, was not competent to carry out investigation of case, which would be per se illegal and has affected prosecution case, rather it has vitiated trial - Trial Court noted various..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 21, 25, 29, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Main accused already granted bail from whom contraband along with two pistols with drug money of Rs.2.08 lacs was recovered - There is no recovery of any contraband from petitioner - Court thus, left..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 200 gms opium - Discrepancy regarding weight of sample - Prosecution contended that 40 gms of substance was sent to FSL - But report of forensic lab shows that only 37 gms of substance received in lab - However, such minor difference in weight of substance may occur on account of difference..........
Criminal Procedure Code, 1973, Section 211, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Defect in framing of charge - Recovery of 200 gms opium - Accused was fully aware that he is being charged for keeping 200 gms of opium without there being any license to keep the same - More so, record shows that at the time of framing of charge, accused was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 200 gms opium - Non-joining of independent witness - PWs stated that they had tried to procure public witnesses but no one came forward to become witnesses of search and arrest - This statement is not improbable, in view of fact that accused is resident of same vicinity from where he was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - Accused is presumed to be guilty consequent to recovery of contraband and it is for accused to establish his innocence - But it does not absolve prosecution from establishing a prima facie case only whereafter burden shifts to accused...........
