Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Provision of S.50 is applicable only where search is of a person - Provision is not attracted when search is of a bag, brief case, container etc...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 500 gms. - Non joining of independent witnesses - Efforts made by investigating party to join independent witnesses at the time of recovery, but none was willing - By itself not fatal to prosecution case - Evidence of police officers has to be evaluated after taking due care and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Independent witnesses - Joining of independent witnesses is not an absolute rule - If after making efforts which the court considers in the circumstances of the case reasonable, the police officer is not able to get public witnesses to associate with the raid or arrest of the culprit, the arrest and the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 500 gms. - Parity in sentence of co-accused - The principle of parity in criminal case is that, where the case of the accused is similar in all respects as that of the co-accused then the benefit extended to one accused should be extended to the co-accused...........
Stock witnesses -- Recovery witness, an independent witness, shown to be recovery witness in numerous police cases - Said independent witness is a stooge or stock witness of the police - It is quite unnatural, unintelligible and inconceivable that at every place of recovery said witness has been present - His ubiquity in all the mentioned FIR's including the present one go..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 5 bags each containing 34.750 kg. from Tata Sumo - Driver not arrested at spot - Investigating Officer a stranger to accused - Identity of accused highly doubtful for the reason that he was not made to join the test identification parade - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 9 -- Test identification Parade - Recovery of poppy husk from Maruti Car and from Cycle - Names and parentage of accused described correctly in ruqa - Remaining accused described as handicapped - Statement of Official witnesses consistent regarding identification - Held,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Non joining of independent witness - Chance recovery from accused - Recovery affected from deserted place in morning - Efforts made to join independent witnesses, but none came forward - Held, prosecution case cannot be thrown because of non joining of independent witnesses...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Link Evidence - Delay of 4 days in sending samples to laboratory - Samples intact when reached at Laboratory - Official to whom samples entrusted also examined - Link Evidence complete - Held, delay of 4 days in sending samples is not fatal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 15 -- Recovery of poppy husk from Maruti Car and bicycle - Investigating Officer produced accused, case property, car, cycle and witnesses before SHO - SHO also supported this - Held, sufficient compliance of S.55 of the Act...........
