Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - Non-joining of independent witness - There is no provision of law which requires presence of an independent witness at the time of search of a suspect - Case of prosecution cannot be discarded merely on score that no independent witness was joined at the time of recovery...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - Recovery effected by Inspector in presence of ASI - Both the witnesses of recovery have deposed in a fairly satisfactory manner on all material aspects of case - Deposition of witnesses inspire confidence and are fairly reliable, which proves and establishes material fact of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - Discrepancy in statement of inspector who effected the recovery - Case property was deposited with MHC and officer who had effected recovery ceased to have any access to same - Sample parcel was delivered in FSL prior to dates on which seal was used by inspector in other two..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - False implication - Defence version as sought to be put forth in deposition of DW2 and DW3 does not sound to be convincing and acceptable - They never submitted any complaint to higher police officers with regard to false implication of accused - DWs maintained studded..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6 kg 300 gm opium - Non-compliance of S.50 of the Act - Nothing recovered on the alleged personal search of accused - Recovery was effected from bag carried by accused - Compliance of S.50 of the Act not required...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 6 kg 300 gm opium - Non-production of contraband before Court - Contention regarding no, production of contraband before Court neither taken by accused before trial Court nor before High Court - There is no argument relating to tampering with seal - Contention that production of contraband..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 6 kg 300 gm opium - Non-association of independent witnesses - Two Courts below reposed confidence in deposition of PWs - Efforts were made by I.O but none of independent witness joined investigation - Since contraband was proved to be recovered from bag of accused, accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 6 kg 300 gm opium - DSP present at the same time at two different places - Renders prosecution case suspect and benefit of doubt should at any rate must go to accused - However, taking into account the fact that recovery from bag of accused proved, no benefit of doubt can be given to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 950 gms charas from possession of accused and 6.750 kg from house of accused - Disclosure statement - Accused while in police custody gave a disclosure statement that charas is also lying in his house - However, in statement of Dy.S.P recorded u/s 161 Cr.P.C, there is no mention of any such..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 950 gms charas from possession of accused and 6.750 kg from house of accused - Chance recovery - Police had no prior information that accused would possess 950 gms Charas in offending vehicle and 6.750 kg Charas would be there in his house - Even otherwise, probable fact of police having some..........
