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 15 -- Recovery of 30 kg poppy husk - Representative samples were sent after a delay of 11 days to Chemical Examiner - This delay amounts to violation of Standing Order No.1 of 1988, issued by Narcotics Control Bureau, which mandates sending of sample to chemical Examiner within 72 hours - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - ASI/PW5 is the complainant and he also conducted investigation - Entire investigation stands vitiated on this account - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Non-joining of independent witness - Place of recovery is a busy road and there are residential and commercial establishments - No explanation is forthcoming as to why independent witnesses were not joined - Failure of I.O to associate an independent witness at the time of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 kg 600 gms opium along with 1 Kg Poppy husk - Recovered quantity of opium is only marginally higher than non-commercial quantity - Investigation of case already stands concluded with filing of challan - Accused is behind the bars for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Slight contradictions between PWs regarding deposit of case property but same could be due to error of memory - In the absence of proof of seals being broken, chances of tampering are not there and no prejudice can be said to have been suffered by accused on this count...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Non-joining of independent witness at the time of recovery is not fatal to prosecution case, if evidence of official witnesses is reliable - Moreover, solely on this issue, no benefit can be extended until some prejudice suffered is brought on record by accused...........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 21 kg poppy husk - Accused had undergone total actual sentence of 4 months and 7 days - There is no case registered against him of similar nature - Appeal is admitted and it is..........
