Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 4 kg opium - Search and seizure - Cuttings and additions in Panchnama/memo made which are apparently visible - PWs not explained as to how these additions were made in this memo - Even Gazetted Officer not attested cuttings on documents and he has signed only last page of document, which raises..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 4 kg opium - Search and seizure - There is unexplained delay of 8 months in presenting case property before CJM - Even case property was presented in the absence of accused - There is no evidence that in the intervening period it was kept intact and seals were not tampered - Even, there is no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 8(c), Punjab Police Rules, 1934, Rule 22.18 -- Recovery of poppy husk - Non-compliance of Rules of 1934 - Case property required to be kept in store room and each article is to be entered in store room as per R.22.18 of Rules 1934 - However, nothing on record to suggest that said rule was followed while..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Recovery of 2 kg 900 gms opium - Reduction of sentence - Recovery effected was just above the commercial quantity - Accused is first time offender - Sentence of 12 years as imposed by trial Court upon accused is thus, reduced to 11 years...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b), Indian Penal Code, 1860, Section 63, 64, 65, 66, 67, 68, 69, 70 -- Recovery of 2 kg 900 gms opium - Reduction of default sentence in lieu of fine - Sentence awarded in default of payment of fine is not akin to main sentence - It is a penalty which a person incurs on account of no, payment of fine -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Bail - Offence u/s 18 NDPS Act - Recovery of 2.7 kg opium - Recovered contraband is marginally higher than commercial quantity - No other pending against petitioner and trial in the case may take long time therefore, bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 15 -- Nature of offence - Recovery of 6 kgs green poppy plants - Charge framed u/s 18 of the Act - FSL report silent about percentage of morphine content/meconic acid - It cannot be held that percentage of morphine is above 0.2 % and therefore, being opium as per S.(xv) (b) or opium poppy as per S.(xvii) or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Framing of charge - Offence u/s 18 of NDPS Act and u/ss 120-B, 379, 201 IPC - Movement of accused `D' from place `J' to `A' by stealing sim - Travelling of accused `B' in same compartment as that of `H' and communication of `B' with accused `D' and thereafter `D' calling police from stolen sim and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 35, 54 -- Contraband - Prosecution case cannot rest on preponderance of probabilities - Prosecution is required to establish a prima facie case beyond reasonable doubt after investigation, only after which burden of proof shifts to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 35, 54 -- Contraband - Prosecution to establish a prima facie case beyond reasonable doubt - Obligation of proof beyond reasonable doubt takes within its ambit a fair investigation, in absence of which there can be no fair trial - If investigation itself is unfair, to require the accused to demonstrate..........
