Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 320 gms Morphine - Non-joining of independent witness - Recovery and arrest of accused is not supported by any public witness - PWs stated that they tried public to be witness of incident but due to fear of evil, nobody came forward to be witness - Since the evidence of police officials is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 320 gms Morphine - Recovery and arrest of accused happens suddenly at about 9.30 PM and it was a winter season - Police informed accused that he has a right to be searched before any gazetted officer and he may be taken for search - But accused refused to go anywhere and handed over to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - When it is proved that personal search of accused was conducted, police was required to comply with provision of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 15 injections of Buprenorphine 2 ML each - Non-compliance of S.50 of the Act - Personal search of juvenile was conducted by Lady Constable, though there was no recovery - Recovery effected from cloth bag carrying by juvenile in her right hand - However, juvenile was not given an offer whether..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 120 capsules of Spasmo Proxywon and one injection of Avil 10 ml along with syringe - Giving of third option of search to accused by I.O - I.O gave offer to accused to get his search conducted either through him or through a Gazetted Officer or through a Magistrate, which was defective offer and..........
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..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 165 gms charas and four bottles of liquor - Petitioner is only a drug addict and not a drug peddler - He is permanent resident of the place and neither in a position to tamper with prosecution evidence nor in a position to flee from justice -..........
