Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3.750 kg charas - Search and seizure - Star witness of case is I.O - I.O himself destroyed the prosecution case by giving three options to accused regarding their search i.e before Magistrate, Gazetted Officer or police, which casts shadow of doubt over prosecution case - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of Ganja - Contraband seized from cardboard box that was being carried by accused on his shoulder - This apparently is not a recovery or seizure from `person' of accused - S.50 of the Act is not applicable as such its compliance or non-compliance is immaterial...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 328 -- Oral dying declaration - Murder - Brother of deceased stated that deceased made declaration before doctor, but such doctor has not been examined - No material on record to show that deceased was in a fit mental condition at the time of making dying declaration - There are certain discrepancies..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Non-compliance of mandatory provision of the Act - Cannot be looked into at this stage for grant of bail unless there is any glaring irregularity which will make the seizure itself illegal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Contraband - Search and seizure - The moment a doubt is cast upon most fundamental aspect, namely the search and seizure, appellant is entitled to the same benefit as given to co-accused - Conviction of appellant set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Contraband - Search and seizure - If independent witnesses come up with a story which creates a gaping hole in the prosecution theory, about the very search and seizure, then case of prosecution should collapse like a pack of cards...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 47.370 kgms Ganja - Search and seizure - Independent witnesses turned hostile - They not only denied having witnessed anything but also came up with a plausible explanation as to how their signatures found place in documents mentioned by PW7 - Serious doubt is thus, casts on very..........
Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Recovery of motorcycle and country made pistol - Recovery effected from house of PW2 based on disclosure statement of accused as per Sub Inspector - However, seizure witnesses have given varying statements regarding the same - PW5 declared hostile by prosecution, as he stated that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, Arms Act, 1959, Section 3, 25 -- Recovery of 10 kg opium and firearms - Seals affixed upon contraband so seized by police authorities were intact when sent for FSL - Provisions of Ss.42, 50 of the Act are not attracted in the case - No cause is made out for interference in impugned judgment of conviction..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of Charas and Poppy straw - Search and seizure - No material on record that samples were kept in safe custody after they were brought in Police Station till the time they were deposited with FSL - Two different stories emerge with regard to search of vehicle and recovery of contraband -..........
