Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 20 -- Acquittal of offence u/ss 8, 18 & 20 - Appeal against - Impression of seal not sent alognwith sample - Sample taken 100-100 gms but when it reached FSL it weight 92 and 93 gms. - Not proved beyond doubt that sample which reached FSL was the same which was taken at the spot - No reason to disturb..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 18 -- Opium - Recovery of 7.200 kg. - Two independent witnesses not supporting prosecution case at all - Accused denied specifically presence of lady constable to search one of the female accused - Lady constable not examined and was given up - No evidence that seal impressions were separately sent to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Contraband - Recovery of - Delay of one month in sending sample for analysis - No evidence that sample and case property was tampered with - Seal on samples tallied with specimen seal - Held, mere delay in sending sample for analysis does not cause prejudice to the accused - It does not prove that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Contraband - Recovery of - Non joining of independent witness - Efforts made to join independent witness but non was ready - Accused can be convicted on the evidence of official witnesses if it does not suffer from any serious infirmity...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Smack - Bail - Recovery of 30 packs - Not weighed - Direction given to weigh recovered articles - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Benefit of amended provision is available in a case pending in appeal - Quantity of both contraband was less than commercial - Sentence reduced to imprisonment for two years and fine Rs.20,000/- each for offence u/ss 18 & 20 of the Act...........
