Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of poppy husk - Case property was never produced before Area Magistrate in compliance of mandate of S.52-A of the Act - Even special report of case was not promptly sent to Area Magistrate - Sending of special report to senior officials and Area Magistrate is vital safeguard against manipulations..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Recovery of poppy husk - I.O was not competent to conduct investigation, as he was adhoc ASI and holding substantive rank of a head Constable - This fact is admitted by I.O himself during his cross-examination - This creates defect in prosecution case...........
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..........
