Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 7.500 kg charas - Non-handing of seal to any public witness - Not fatal to prosecution case in view of no, joining of independent witness and where the samples seals were received intact - Conviction upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 7.500 kg charas - Non-joining of independent witness - Not fatal to prosecution case where efforts had been made to join public persons but none agreed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 7.500 kg charas - Delay of 11 days in sending samples to FSL - No cross-examination of I.O which would enable him to explain the reason as to why samples were sent after such a delay - Moreover, samples along with seal were received in FSL in an intact condition and tested positive..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Once an independent witness was associated in investigation, it was not necessary that driver of private vehicle of police party should also have joined - As it is not statutorily provided that each and every independent person who happens to be present at the spot must be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Prompt FIR - Short time spent in registration of FIR is no ground to render the prosecution version doubtful - As police station was only at a distance of 1 Km. from the place of recovery, in that eventuality FIR can be got promptly recorded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Merely because I.O has conducted the entire proceedings is not a ground to reject the prosecution case as accused failed to show as to what prejudice is caused to him by proceedings being carried out by I.O...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 1 kg opium - Non-compliance of provision of S.57 of Act - Since DSP, immediate superior officer of I.O was informed through wireless message, who arrived at the spot and supervised the search and seizure of contraband from possession of accused, no, compliance of provision of S.57 of Act, has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 1 kg opium - Non-compliance of provision of S.55 of Act - When I.O herself was SHO of concerned police station and was having custody of case property, it was not required that PW3 who was officiating SHO in her absence, should have sealed the case property - There is no no, compliance of S.55..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Non-examination of DSP is no ground to ignore the cogent, consistent and reliable testimonies of S.I and ASI who supervised the search and seizure of contraband from the possession of accused and also affixed their seal on case property...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - False implication - No material on record to establish that I.O was having any grudge or animosity with accused - Defence adduced by accused does not inspire any confidence - If the purpose of police would only have been to falsely implicate the accused, there was no reason to..........
