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 8, 18 -- Non examination of independent witnesses - Independent witnesses not residing at the given address - Either the witnesses gave wrong address or they shifted from the place where they were earlier residing without intimating the new address - Prosecution cannot be held responsible for not examining them..........
Indian Penal Code, 1860, Section 376, 363, 368 -- Kidnapping & Rape - Victim was kidnapped and was kept in the same village but no one came for help - It is not probable that a girl is kidnapped from the village and villagers will not come to rescue her - Accused persons were having gun and country made pistol but no such arms recovered from their possession - No..........
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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Search and seizure - Prosecution was successful in proving recovery of 30 bags each containing 40 kgs of Poppy straw - Evidence with regard to accused `C' cannot be held as free from suspicion as it is difficult to believe that despite seven police officers he ran away - No efforts..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Option of search before Magistrate or Gazetted Officer or Supdt. who was part of raiding party - Option of search before Supdt. - Held, Supdt. who was part of raiding party cannot be called an independent officer - Search vitiated - Acquittal by High Court, upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search - Applicability of S.50 - Held, if merely a bag carried by a person is searched without there being any search of his person then S.50 will have no application - But if bag carried by him is searched and his person is also searched then S.50 will have application...........
