Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Weighment of contraband - When place of seizure is public place and weighment chart is not produced nor brass seal, nor independent witness supports prosecution version, doubt on prosecution case regarding seizure of contraband of particular quantity becomes grave - It..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Informant is also I.O, who detected accused with contraband, conducted search and seized the same, lodged first information and also conducted entire investigation - It is not the case of prosecution that there was no other Officer available to conduct investigation nor..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 150 kg Ganja - Accused was not arrested on the spot but he was named by driver of vehicle from where recovery was effected - Presence of accused at spot or false implication are disputed questions of fact - Co-accused who alleged to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 330 kg Ganja Patti - Conscious possession of contraband viz-a-viz title of land from where it was recovered would remain debatable - It would also be debatable as to whether recovery of Ganja would fall at par with Charas - Trial of case may..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 5.450 kg Ganja - Independent witnesses not fully supported prosecution case - However, official witnesses have unequivocally stated about search and seizure of contraband - Defence failed to elicit anything from PWs which could suggest that they were in any manner inimical to accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 5.450 kg Ganja - Reduction of sentence - Incident occurred in 2002 and accused is facing trial since 2003 - Accused already remained in jail for 11 months and 17 days - Sentence of accused reduced to period already undergone by him - However, fine sentence with default stipulation as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 6 bags of ganja - Minor difference in weight of samples shall not vitiate trial, particularly when seal of packed samples were found to be intact and identical with specimen impression of seal when presented for chemical examination as per report...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 6 bags of ganja - Non-joining of independent witness - Seizure took place in dead hours of night on highway where vehicles ply with enormous speed and one cannot expect a pedestrian to loiter around - Sketch map of place of occurrence does not indicate any shop or residence in or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 54 -- Recovery of 6 bags of ganja - Constructive possession - Vehicle containing contraband was owned by accused `S' at the relevant time - Certificate of fitness, insurance certificate and goods carriage permit of vehicle refer to accused `S' as owner of vehicle - No explanation offered by accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 54 -- Recovery of 6 bags of ganja - Driver of vehicle, accused `B' stands on different footing than owner of vehicle - Recovery or possession of contraband from vehicle can under no circumstances be attributed to him, given scanty of evidence on record - One authorized letter issued by owner of..........
