Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 14.750 kg charas - Accused absconded from the spot on seeing the police party - Recovery effected from vehicle which was allegedly driven by accused - Identification of accused to be driver who absconded on seeing patrol party therefore is sine quo non for proof of charge leveled against..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 14.750 kg charas - Identification of accused - Accused implicated in the offence wholly due to recovery of his bank passbook from the vehicle in question - Testimony of PW1 and PW8 taken together by itself is not adequately persuasive to unimpeachably establish the identity of driver of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 4 quintals of ganja - Secret information - Information received by informant though entered in station diary as required u/s 42(1) of the Act, but same was not exhibited - Said information was not communicated to higher police authorities as required u/s 42(2) of the Act - Compliance of S.42 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 4 quintals of ganja - Search and seizure - Informant himself admitted that search and seizure of vehicle was done in which neither any Gazetted Officer nor any Magistrate was present - Same is in contravention of S.50 of the Act - Accused were not even informed of their right to be searched..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 4 quintals of ganja - Samples were not prepared at the place of seizure, but when, how and by whom sample was prepared nowhere mentioned - No Malkhana register produced showing safe custody of seized Ganja - Procedure as prescribed by S.52-A of the Act, for preparation of inventory, detail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 4 quintals of ganja - Safe custody of Ganja - There is no destruction certificate of seized Ganja which is mandatory requirement under NDPS Act - Nowhere in prosecution case it has been stated that where 4 quintals of Ganja has been kept - There is thus, no, compliance of S.55 of the Act with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 435 gms charas - Quantum of recovery - PW8 Inspector deposed that charas was weighed in electronic weighing machine which was issued by Govt. and was in I.O's kit - PW5 MHC specifically admitted that electronic weighing scale was not available in Police Station - In view of conflicting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 435 gms charas - Weighment of contraband - Prosecution demonstrate that recovered contraband was weighted with Government electronic weighing machine - But the same was not available in police station on the relevant day - Conflicting statements of PWs regarding weighment of recovered charas -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, Criminal Procedure Code, 1973, Section 169 -- Negative final report - Trial Court rejecting it and taking cognizance - Recovery of opium - Admittedly, before proceeding for raid, seizure officer did not collect any evidence to give reasonable suspicion that petitioner has dominion over place where..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 101 kg poppy straw - Search and seizure - Accused searched in presence of Magistrate and a driving license and registration certificate was recovered from his person - No contraband was recovered from person of accused - Recovery effected from car of accused - Provision of S.50 of the Act, not..........
