Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Search and seizure - Recovery of about 30 kgs of poppy husk from the bag and attache cases being carried by accused in jeep - Recovery duly proved by PW-3, ASI and corroborated by PW-1, DSP - No contradiction about the manner and quantum of recovery - Any minor contradiction about the seal being handed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Poppy husk - Recovery of 5 bags - S.50 NDPS Act does not apply as poppy husk was found not on the person of the accused but was in 5 bags...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 5 bags - Independent witnesses - No effort made to join independent witnesses although recovery was effected at a busy thoroughfare - One witness who is said to be independent witness given up without justification - Acquittal upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55, 54 -- Poppy husk - Recovery of 16 bags from a truck - Two accused sitting on the bags and one accused driving the truck - Not proved that accused had custody and control of bags - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Search and seizure - Identification of case property - Failure to prove - While it is the case of the prosecution that each of bag had 35 kgs of poppy husk, in evidence it was admitted that the bags contained 7-8 kgs, 14-15 kgs or 20-22 kgs of poppy husk - No explanation furnished by the prosecution as to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15,52,57 -- Search and seizure - Recovery of two bags containing 40 kgs of poppy husk each loaded on mare; accused catching the string of the mare - Conviction and sentence - Accused alleging violation of the provisions of Sections 52 and 57 of the Act with regard to identification of case property as no FIR..........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Bail - Search and seizure - Recovery of 14 bags containing total 490 Kgs of poppy husk lying along side wall of the drawing room - Petitioner alongwith another person found sitting on the cot in the same room - Recovery made is commercial quantity in terms of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conscious possession - Search and seizure - Recovery of 25 bags each containing 37 kgs. of poppy husk - Appellant alongwith two other persons found sitting on the bags - Once a person is found to be in physical possession, presumption of conscious possession arises unless proved to the contrary - Recovery..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 72 kgs. of poppy husk from two persons - At best it can be said that each one of them was in possession of 36 kgs. - This is below the commercial quantity - Bail allowed...........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Bail - Petitioner and co-accused found in possession of 72 kgs of poppy husk - At best it could be said that the petitioner was in possession of 36 kgs. of poppy husk - Same below commercial quantity - Bail allowed...........
