Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of three bags each containing 35 kg. - Lady constable joined by IO at the time of search and seizure not examined - Case of prosecution proved from evidence of other witnesses - Public Prosecutor did not consider it necessary to examine the lady constable - Non examination of lady..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Seizure of Ganja - Commercial quantity - Theory of planting - Huge quantity of ganja seized by police was two quintals and four hundred kilograms - There is also no dispute that contraband seized was ganja as same was tested positive - Held, when quantity recovered is so large, it does not appear..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 43, 102(3) -- Seizure of contraband - Applicability of S.102(3) Cr.P.C. - Seizure is made by empowered police officer in accordance with provisions of S.43 of NDPS Act, need to follow procedure laid down in S.102(3), Cr.P.C. will stand obviated for simple reason that manner in which search and..........
Customs Act, 1962, Section 111(m) -- Imported goods - Seized on ground of under valuation - Even in case of existence of power, exercise thereof has to be fair and reasonable and consistent with the principle of proportionality - Neither any provisional assessment made nor any show cause notice so far given - Only allegation so far is of undervaluation - Nothing to show..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Sample impression of seal neither deposited with the MHC nor sent to office of Chemical Examiner for deposit, as a result whereof, it could not be ascertained as to whether the seals on the samples were the same as affixed at the time of search and seizure - Prosecution case becomes doubtful -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Search and seizure - Independent witness - No effort made to join an independent witness - It was imperative for IO to join an independent witness - However evidence of official witnesses, if it is creditworthy, cannot be disbelieved when not corroborated by independent witness - However when..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 55, 57 -- Contraband - Provisions of Ss.52, 55 & 57 are directory - Violation thereof does not ipso facto vitiate the trial or conviction - However, these provisions cannot be totally ignored - Failure to comply with these provisions have bearing on the appreciation of evidence, regarding search and seizure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of one kg. - Accused travelling in a bus - NCB form not filled at the spot - Prosecution case that seal after use was handed over to PW2 but no mention of the same in search memo or search and seizure form or personal search memo - Two samples taken and one sent for analysis but in Court..........
Criminal Procedure Code, 1973, Section 102 -- Seizure of property - Word "Property" mentioned in S.102 - Meaning of - Held, all properties whether movable or immovable can be seized by police u/s 102, as there is nothing in provision to show that property would include only movable and not immovable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55 -- Poppy husk - Recovery of 40.25 kgs. - Recovery effected from a thoroughfare - Independent witness not joined - Non was ready to join - In absence of an entry as to name of persons who refused to join police party either in the case diary or any other document it cannot be said that an effort was made..........
