Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 21.500 kg poppy husk - Search - Manner in which consent memo was recorded and accused was taken to residence of DSP in a public transport, the very genesis of effecting recovery at the spot was not maintained by I.O - Gazetted Officer is required to come to the spot and verify not only the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 21.500 kg poppy husk - Search and seizure - Prosecution failed to explain as to how FIR number had come in reply/no, consent memo and recovery memo, as these were prepared much prior to sending of information to police, wherein there is mention of preparation of all these three documents - It..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 8(c), 20(b)(ii)(A), 29, 37 -- Bail - Recovery of charas, ganja and LSD stamps - Certified copies of arrest memo shows search and seizure doubtful - Arrest memo of accused reveals that they were arrested at 3.30 pm - Accused arrested 15 minutes prior to issuance..........
Indian Penal Code, 1860, Section 302 -- Murder - False implication - Memo of arrest of accused prepared one day after his arrest - Same also creates suspicion in preparation of memos by investigation agency during course of investigation, wherein dates have been mentioned differently and same are not getting corroborated with statements of PW2 and PW5 - Possibility that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 15 ceripex tablets and 9 noxious biscuits - Non-joining of independent witness - Accused arrested from platform of Railway station - Official witnesses stated that passengers who frequented the platform may not be willing to come forward and assist police - However, police failed to ask names..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 400 gms charas - Search and seizure - Contention that in recovery memo, site plan, arrest memo etc, FIR number of case finds mentioned - Contention rejected, as FIR no. incorporated in said documents is in the blank space, which indicates that same filled up later on - Said fact got..........
Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Statement of accused - Recovery of five bags of poppy husk - If specific question is not put to an accused, while recording his statement u/s 313 Cr.P.C informing him evidence which has come on record against him, amounts to denying him right to rebut the same -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40.500 kg of poppy husk - Search and seizure - Sample parcels were not drawn in presence of Magistrate, as contradictions were found in statement of Gazetted officer and PW6 regarding same - No document was collected by police in respect of ownership of car in which contraband is found - Case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 139 kg ganja - Interception and seizure of vehicle carrying accused along with contraband - Vehicle was actually being driven by PW9 and accused was seated beside him as well as fact that vehicle contained 139 kg ganja stands established by PWs - Apart from oral evidence, interception of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 2 kg charas - In recovery memo it is not clear as to whose seal was affixed on the sample as well as residue, which was necessary - No entry of sample seal as well as sample of contraband substance was made in Malkhana Register, which makes it doubtful as to whether these articles were kept..........
