Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Charas - Recovery of 1.50 kg - Non-joining of public witness - Do not ipso-facto make evidence of police witness unreliable or untrustworthy...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Charas - Recovery of 1.50 kg - Delay of 14 days in sending samples to FSL - Does not create doubt that samples were being tampered as samples were kept in malkhana on same day of seizure and were in proper custody...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Charas - Recovery of 1.50 kg - Tampering of contraband - Reduction in weight of charas of 8.5 gm - It is evident from FSL report and CRCL report, that there is nothing on record to suggest that there is tampering of contraband recovered from accused - Thus, discrepancy in weight of contraband has..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 42(1) -- Anticipatory bail - 12 Kg Ganja - FIR was registered on secret information and pursuant thereto, a police party raided house of petitioner - At time when search was to be made, DSP was contacted on his office phone, who reached at spot and notice was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61 -- Recovery of 2 kg charas - Sudden recovery - Discard of independent witness - In a case of sudden recovery, independent witness may not be available - But if an independent witness is available, and prosecution initially seeks to rely upon him, it cannot suddenly discard the witness because it finds him..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61 -- Recovery of 2 kg charas - Prosecution alleged that accused was apprehended on suspicion at 6.15 A.M, who was travelling in a bus - However, bus ticket evidently reveals that accused boarded the bus at 6.51 A.M - Prima facie prosecution story that accused apprehended at 6.15 A.M is seriously doubtful if..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61 -- Recovery of 2 kg charas - Prosecution failed to establish the foundational facts beyond all reasonable doubt - Independent witness of the case declared hostile - Recovery of contraband not proved on record - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 105 kg ganja - Non-joining of independent witness - Evidence of police officials cannot be rejected per se merely because of no, joining of independent public witnesses - However, it puts the Court on guard to scrutinize their testimonies with great care and caution since they could be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 105 kg ganja - Non-joining of independent witness - No independent public witness was associated at any stage of investigation - Explanation offered by I.O. and other police officials that request was made to certain passersby to join investigation inspires no confidence, as this is a routine..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 105 kg ganja - Recovery effected at the instances of A1 and A2 - A3 who was the mastermind in supplying the contraband could not be arrested at the spot or soon thereafter - He surrendered in the Court but nothing incriminating was recovered from his possession or at his instance - A3's..........
