Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 54 kg poppy husk - Non-filling of CFCL form at the site where arrest and recovery was made would not vitiate the case, as it constitute a part of procedural law...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 54 kg poppy husk - Law does not require only an independent witness to prove a charge attracting the provisions of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 54 kg poppy husk - Recovery made from Car - PW7 who himself is a Gazetted Officer was very much present - There is procedural compliance with respect to arrest, seizure and recovery - Delay in sending sample for FSL report is not fatal to prosecution case as orders have been obtained from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Samples drawn in the presence of Gazetted Officer and not in the presence of Magistrate - Non drawing of samples in the presence of Magistrate and non certifying by Magistrate the inventory of seized contraband - Samples drawn not a valid piece of primary evidence - Once there is no primary..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Recovery of 250 quintal poppy straw - Petitioner was not apprehended from the spot - He was implicated only on the basis of disclosure statement of co-accused recorded u/s 27 of Evidence Act - No recovery has been made from possession of petitioner - Neither he is owner of vehicle in which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 250 gms charas - Independent witness not supported prosecution case - Accused were apprehended at 5.45 PM but I.O stated that photographs were clicked at 6.45 PM - However, in view of photographs it reveals that these photographs were clicked in broad day light where entire background was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Case is of composite search, as along with bag of accused his body is also searched - Rigor of S.50 of the Act is applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non compliance of S.50 of the Act - Once I.O. gives a third option i.e accused can be searched by him, offer is vitiated and provision of S.50 of the Act stand violated...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.50 of the Act - Representative sample was not drawn in the presence of Magistrate - There is thus, non-compliance of S.52-A of the Act which would render the case of prosecution highly doubtful...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Sample was sent for chemical examination to FSL after a delay of 9 days - Representative sample is required to be sent to chemical examiner within 72 hours as per Standing Order No.1 of 1988 - Standing orders are mandatory in nature and omission on the part of I.O. with regard to..........