Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Appeal against conviction - Reduction of sentence - Accused sentenced to undergo R.I. of 1 year and to pay fine of Rs 5,000/- - Accused facing agony of criminal prosecution from last more than 3 years - No other case pending against him - Accused already undergone 5 months and 19 days of sentence -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Once an independent witness was associated in investigation, it was not necessary that driver of private vehicle of police party should also have joined - As it is not statutorily provided that each and every independent person who happens to be present at the spot must be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Prompt FIR - Short time spent in registration of FIR is no ground to render the prosecution version doubtful - As police station was only at a distance of 1 Km. from the place of recovery, in that eventuality FIR can be got promptly recorded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Merely because I.O has conducted the entire proceedings is not a ground to reject the prosecution case as accused failed to show as to what prejudice is caused to him by proceedings being carried out by I.O...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Non-examination of DSP is no ground to ignore the cogent, consistent and reliable testimonies of S.I and ASI who supervised the search and seizure of contraband from the possession of accused and also affixed their seal on case property...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - False implication - No material on record to establish that I.O was having any grudge or animosity with accused - Defence adduced by accused does not inspire any confidence - If the purpose of police would only have been to falsely implicate the accused, there was no reason to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Delay of 5 days in sending sample to FSL - Where the sample parcel remained intact and was not tampered with at all at any stage of proceedings, mere delay of 5 days in sending sample would not create any dent in prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Non-examination of independent witness - Where independent witness has been joined but not examined as having been won over by accused, is no ground to reject the prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 22, 61, 85 -- Recovery of opium and intoxicating tablets - Prayer for seeking investigation through CBI or from IPS officer not belonging to State of Punjab - Petitioner was found in possession of opium in an envelope and intoxicating tablets, thus case was rightly registered - When petitioner was produced..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii), 18, 25, 29, Indian Penal Code, 1860, Section 120B, 195 -- Recovery of 27.200 gm charas & 14 gm opium - Panchas have not supported the prosecution case - Contraband article recovered from accused but gazetted officer is not examined with regard to search and seizure - Prosecution failed to prove..........
