Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 20(b)(ii)(C) -- Nature of offence - Recovery of 22 kg ganja - Discrepancy in weighment of samples - Samples were found to be more than 100 gms less in weight than 1 kg, when it reached FSL - Instead of electronic weighing scale, normal weighing scale used for weighment - More so, description of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 9.790 kg. of charas/cannabis - Non-compliance of S.50 of Act - Prosecution neither followed S.50 of Act, nor independent witnesses though available, were associated at the time of search, seizure and sealing proceedings - Non-compliance of S.50 of Act, held, vitiated the trial...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 9.790 kg of charas/cannabis - Case property was produced before Court - However, who brought the case property from Malkhana to Court not proved - It casts doubt whether it is the same case property which was recovered fromaccused and sent to FSL or it was case property of some other case as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 35 -- Appeal against conviction - Recovery of 95 kg and 450 gms ganja from rickshaw van - Conscious possession - There is no dispute that accused was carrying contraband in rickshaw van driven and occupied by them, therefore, these circumstances lead to conclusion that accused were in conscious..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Search and seizure - Recovery of 95 kg and 450 gms ganja from rickshaw van - None of the appellants searched in person - Plea of no, compliance of S.42 of the Act is not tenable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1.100 kg charas - Compliance of S.50 of the Act is mandatory when personal search of accused is carried out - Instantly, PW11 has not apprised accused of his legal right to be search before a gazette officer or a Magistrate, though personal search of accused had conducted - There is no,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1.100 kg charas - Major contradictions in the statements of PWs regarding search and seizure of contraband - Mandatory provision of Act not complied with - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 kg of Poppy husk - Non-examination of independent witness - Mere fact that independent witness has not been examined by itselfnot a ground to discard the testimonies of official witnesses - But if the story of prosecution is suspicious and doubtful, thenstatements of official witnesses cannot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 kg of Poppy husk - Accused acquitted viz. (i) independent witnessnot examined by prosecution; (ii) I.O completed the entire proceedings as to search and seizure within a short span of half an hour, which renders the entire proceedings shown to have been conducted by I.O at the spot, extremely..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kg charas - Recovery effected from polythene bag carried by accused on his shoulder - Recovery is not from personal search of accused - S.50 of Act is not applicable...........
