Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 313 -- Examination of witness - Opium - Recovery of 5 kgs. from scooter - Accused opted to be searched before the gazetted officer - Prosecution specifically asked accused to explain about conscious possession of contraband - It was on accused, from whose scooter the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Second recovery of 84 kg of poppy husk - Three bags containing 28 kg of Poppy husk were kept concealed by accused in the field of `C' and the same recovered on the basis of disclosure statement of accused - I.O. did not associate `C' in the investigation - Independent witness not supported prosecution..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c) -- Recovery of 10.500 kg. charas - Recovery effected from conscious and exclusive possession of accused `M' - Although independent witnesses turned hostile but factum of having admitted their signatures on memos renders insignificant as well as inconsequential the effect of their turning hostile -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Dying declaration - Deceased in her dying declaration stated that due to quarrel, accused persons caused her burn injuries on her legs, chest and other part of body - Doctor certified that deceased was conscious and fit for making dying declaration - Executive Magistrate took all precautions..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy Husk - Conscious possession - In the charge framed word `conscious' missing - Word `Conscious' also missing in statement of accused u/s 313 Cr.P.C. - Prosecution is duty bound to prove not only possession but also that accused were in `conscious possession' - Such omission amounts to prejudice to..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Public servant - Sanction for prosecution - Object - Held, grant of sanction is only an administrative function - It is intended to protect public servants against frivolous and vexatious litigation - It also ensures that a dishonest officer is brought before law and is tried in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Statement of accused u/s 313 Cr.P.C. - Recovery of 41 Kgs. of poppy straw - Question about conscious possession of contraband not put to accused in his statement u/s 313 Cr.P.C. - Recording of statement u/s 313 Cr.P.C. is neither a ritual nor formality - It is a..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Grant of - Procedure for - Held, prosecution must send entire relevant record to sanctioning authority including FIR, disclosure statements, statements of witnesses, recovery memos, draft charge-sheet and all other relevant material - Record so sent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42(a) -- Contraband - Accused acquitted on the grounds : (i) No explanation for delay of 12 days in sending sample for chemical examination; (ii) Seal after use was not handed over to independent witness; (iii) Secret information was not reduced into writing and copies of same were not sent to higher..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 250 gms. of opium - In statement of accused u/s 313 Cr.P.C. no question was put as to conscious possession of opium - Word `Conscious' also missing in the charge framed - Held, defence of accused is prejudiced by this omission - Accused acquitted...........
