Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Two extra packets/envelopes found inside the sealed backpack - Sufficient to create serious doubt in prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Interpolations and changes made in official records that too related with criminal investigation for a serious offence - Needs to be viewed seriously and with suspicion...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - All spot witnesses have feigned ignorance about exact spot position and its vicinity also gives rise to suspicion in prosecution story - More so, there is unexplained entries in NCB form - Serious discrepancies were found in official records including NCB Form, resealing certificate and time..........
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...........
