Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 31 kg ganja and 149 numbers of Cannabis plants - Cultivation of ganja without any authority or licence - Search and seizure - Accused acquitted Viz. (i) Independent witnesses not supported the prosecution case; (ii) No documentary evidence on record which proved that house or the bari where..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(A)(i) -- Recovery of 389.86 Kg Ganja - Appeal against conviction - Accused convicted on basis of his confession/pleading guilty by submitting pursis - Court below has not discussed any evidence on record already led - Even prosecution has not examined any other witnesses except I.O - Accused in his statement..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), Evidence Act, 1872, Section 154 -- Quantum of seized article - Hostile witness - PW3 was declared hostile by prosecution but his evidence in connection with preparation of labels in presence of PW14 corroborated by PWs could not be washed off on record - Said evidence unimpeachably speaking of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 25 kg 450 gms ganja - Non-mentioning of quantum of seized ganja - Plea of accused that quantum of seized ganja was less than commercial quantity - Plea rejected as neither cross examination of PWs at the appropriate stage of adducing evidence was held, nor any objection at the time of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(1) -- Recovery of 25 kg 450 gms ganja - Search - Non-compliance of mandate of S.50(1) of the Act - Accused convicted upon seizure of ganja from his two bags which was recovered from roof-top of bus, not on the basis of recovery of any illicit article from the body of accused - Even seized money and mobile..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(A), Criminal Procedure Code, 1973, Section 436(i) -- Bail - Indigent person - Recovery of small quantity of ganja - If person, who is detained, is indigent person, and is unable to furnish security, instead of taking bail from such person, Court shall discharge him on his executing bond without..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(A), 37 -- Bail - Recovery of small quantity of ganja - S.37 of the Act does not show every offence under Act as no, bailable, it only shows that all offences under Act are cognizable - Therefore, it should go by general law as per Code of Criminal Procedure - Offence u/s 20(b)(ii)(A) of the Act is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of ganja - Appeal against conviction - Contraband recovered from houses of accused - Prosecution failed to prove that all packets which were recovered from houses of each accused contained ganja, as neither separate samples were drawn from each packets nor it is asserted that contents of all..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Ganja - Recovery from houses of three accused - Ganja in numerous packets - Contents of all packets not mixed - Sample drawn from one packet - Prosecution failed to prove that all the packets contained Ganja - Prosecution failed to prove that houses belonged to three accused - Prosecution miserably..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(b)(ii)(B) -- Recovery of 1.200 kg ganja - Independent witness not examined by prosecution - There is no concrete evidence with regard to seizure Mahazar and observation Mahazar - Contradictions found in the statements of PWs - Court cannot come to a conclusion that alleged contraband seized from accused..........
