Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 8(c) -- Recovery of poppy husk - Sampling process - Sample seal was prepared on separate piece of paper and impressions of seal and that of DSP and SHO were not directly put on CFSL form at the spot - PW3 though admitted that he prepared three copies of CFSL form - However, there is no evidence on record..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of poppy husk - Search and seizure - Non-compliance of S.42 of the Act - No evidence on record that information was reduced into writing and superior officer was informed - There is thus, violation of mandatory provision of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 8(c), Punjab Police Rules, 1934, Rule 22.18 -- Recovery of poppy husk - Non-compliance of Rules of 1934 - Case property required to be kept in store room and each article is to be entered in store room as per R.22.18 of Rules 1934 - However, nothing on record to suggest that said rule was followed while..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 8(c) -- Recovery of poppy husk - Recovery affected from the truck in question - It was for prosecution to prove that owner of vehicle had consciously permitted vehicle to be used for commission of offence under NDPS Act - Prosecution failed to discharged onus to establish that owner of truck knowingly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Contraband - Statement of seizure officer PW10 was recorded after rejection of first bail application - PW10 clearly and unequivocally admitted that method of drawal of samples is ex facie laconic, which substantially reduced chances..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, 29, 30 -- Bail - Offence u/ss 8, 22, 29, 30 of NDPS Act - Bail granted to accused by High Court without issuing notice to Public Prosecutor concerned - Order of High Court set aside, as there was a serious infirmity - Matter remitted back to High Court to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 8(c), 20(b)(ii)(A), 29, 37 -- Bail - Recovery of charas, ganja and LSD stamps - Certified copies of arrest memo shows search and seizure doubtful - Arrest memo of accused reveals that they were arrested at 3.30 pm - Accused arrested 15 minutes prior to issuance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 795 parvon spas capsules - Non-joining of independent witnesses - PW3 stated that they had been patrolling near Canal Road and many people were moving on that road - Many civilians were present, however, none of them was called by SHO or Police incharge - There was thus, ample opportunity for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 795 parvon spas capsules - Search and seizure - FSL form not prepared and filled on the spot - Samples though sealed on the spot but no evidence as to whether same got resealed from Executive Magistrate - No evidence on record that till the samples were sent to FSL for examination, these..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 260 Kg Ganja - Contradictory statements as to place of recovery - PW13 stated that thirteen bags of Ganja were found at upstairs of house without stating that it was stored in a room - PW11, ASI, stated that during search thirteen bags were found on the floor of the first room of the..........
