Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, Criminal Procedure Code, 1973, Section 313 -- Recovery of poppy husk - Conscious possession - Charge and statement u/s 313 Cr.P.C state that accused found in possession of contraband, recovery was effected and sample drawn - Requirement of law fulfilled - Immaterial if word `conscious possession' missing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of ganja - Independent witnesses did not support the prosecution case - Prosecution case resting on the testimony of the official witnesses - No evidence that brass seal alleged to have been used by Excise Inspector was not available with him during the period when allegedly seized articles..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of ganja and ganja husk which accused was carrying in Maruti van - No explanation for non compliance of Ss.52 and 55 which provide for safe custody of seized articles - Not a whisper regarding compliance of S.57 of the Act which relates to submission of report regarding particulars of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Conscious possession - In order to make possession illicit there must be a conscious possession - A mere possession without awareness of the nature of such possession offence u/s 21 of the Act is not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 67 -- Recovery of 21 kg of heroin from A3 - Conviction of A1 and A2 based on the statement of appellants recorded u/s 67 of the Act - Officer who recorded those statements not examined - Held, recording of statements u/s 67 of the Act is not an empty formality - Officer who recorded the statement alone could..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Vehicle - Release on Supurdgi - Vehicle involved in an offence u/s 18 NDPS Act - Court before whom the property is produced is empowered to release the vehicle during inquiry and trial of the accused persons - Release of vehicle cannot be refused on the ground..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of Charas containing 21% of resin - To constitute Charas percentage of resin in it is not defined - In the common parlance Charas is the name given to hand made 'Hashish' - It is made from the extract of cannabis plants - A resin is a hydrocarbon secretion of many plants - Resin produced..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, 15 -- Recovery of poppy husk - Conscious possession - 8 bags of poppy husk recovered from the canter driven by accused - In his statement under section 313 Cr.P.C., no question was specially put to the accused that he was in conscious possession of contraband - Independent witnesses not joined despite..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Link evidence - Delay of 6 days in sending sample to Chemical Examiner - Link evidence not worthy of credence - Unexplained delay of 6 days fatal to the prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of poppy husk from canter - Accused driving the canter - No charge framed u/s 15 for transportation of poppy husk - Charge confined only to possession which is not proved - Accused acquitted...........
