Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 bags of poppy husk - Recovery effected from vehicle which was being driven by accused with other accused accompanying him - Presence of accused persons and possession of contraband material therefore, stood completely established - Order of conviction passed by trial Court held, restored -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - Production of case property in Court - If seizure is otherwise not in doubt, there is no requirement that the entire material ought to be produced before Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - If seizure is otherwise proved, what is required to be proved is the fact that the samples taken from and out of the contraband material were kept intact, that when the samples were submitted for forensic examination the seals were intact, that the report of the forensic..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - Seizure memo - Proof - Signature of accused - At no stage even a suggestion was put to the witness that either the signatures of the accused were taken by fraud, coercion or mis-representation or that the signatures were not of the accused or that they did not understand..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 23, 24 -- Grant of bail despite denial during previous Court hearings - Challenge as to - Ground of misconduct on part of Judicial Officer - Enquiry officer, disciplinary authority as well as the High Court failed to consider fact that Additional Public Prosecutor, appeared on behalf of State did not oppose..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 29, 21, 23(c), 27(A), 67 -- Recovery of 7.4 kg heroin - Confession of co-accused - Allegation against accused is that after taking delivery of contraband from one person, co-accused was to take heroin and hand it over to one `N' - Said `N' was to further hand over heroin to accused - However, said persons..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 29, 21, 23(c), 27(A), 67 -- Recovery of 7.4 kg heroin - Confession by accused - No material placed on record that confession is voluntary made, free from any pressure and also accused was apprised of his rights before recording confession - Confession held, not reliable - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - Accused is presumed to be guilty consequent to recovery of contraband and it is for accused to establish his innocence - But it does not absolve prosecution from establishing a prima facie case only whereafter burden shifts to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - If at any stage, accused is able to create a reasonable doubt, as a part of his defence, to rebut the presumption of his guilt, the benefit naturally goes to him...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b) -- Offence u/ss 8 & 18(b) of the Act - Seizure memo - Large gap between signature of accused and that of independent witnesses - Clearly abnormal which cannot be lightly washed away especially when independent witnesses have deposed that they were not present at the time of such search and seizure - It..........
