Indian Penal Code, 1860, Section 302, 364, 201, 34, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained stones and broken bottle of beer at the instance of accused - Recovery effected after a period of about one month from spot - So far as place from where dead body was recovered, same was already in the knowledge of police as dead body had already been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(c) -- Recovery of 24,000 bottles of Phensedyl cough syrup - Non-examination of I.O - Mere failure to call I.O as a witness may not be fatal unless there was some key evidence that was required to be proved by I.O but was not done...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(c) -- Recovery of 24,000 bottles of Phensedyl cough syrup - Non-examination of I.O - Accused was the driver of vehicle from which a large quantity of contraband was seized - Customs officials intercepted the vehicle and found accused to be only person therein - Safe keeping of goods has been proved upon by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(c) -- Recovery of 24,000 bottles of Phensedyl cough syrup - Bags containing bottles of cough syrup produced before Court, but the seized contraband that was preserved in bags was not taken out of bags - No attempt may have been made to open the bags to inspect contents thereof - Indeed, if accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(c) -- Recovery of 24,000 bottles of Phensedyl cough syrup - Accused contended that one independent witness was obtained from the spot but the other witness was brought from place which is quite some distance away - However, considering the time of day when unloading and search operations were conducted, it..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 311 kg Ganja - Secret information - Contraband recovered from vehicle on transit - Such recovery would not attract the rigours of S.42 of the Act qua same S.43 of the Act would be followed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 311 kg Ganja - Conscious possession - Recovery effected from secret cabin of vehicle - Personal mobile phones were also recovered from possession of accused and their driving licenses along with other documents also recovered from vehicle - Since secret cabin was made in drivers..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 311 kg Ganja - Investigation - Empowered officer on basis of secret information stopped the vehicle in compliance of S.49 of NDPS Act - He conducted search and seizure in consonance with provisions of the NDPS Act - Samples were identified as dry ganja - There is no material on record..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Recovery of 35 strips of Spasmo Proxyvan capsules - As per FSL report said drug contains substance `Tapentadol' which is not manufactured drug and this drug does not even figure in the Schedule to NDPS Act - Drug recovered neither qualifies to be a manufactured drug/narcotic drug nor does it qualify to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), 29 -- Recovery of 7.79 kg Charas - A-3 was found with contraband Charas contained in a bag held by him - A-1 and A-2 did not hold the bag and neither anything incriminating was found from their person - A-2 was merely a companion of her husband A-1 and she was not an accomplice in crime - No call..........
