Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xv) -- Opium - FSL report that it is opium - Held, Courts are not bound by the opinion given by the Forensic Science Laboratories and ultimately it is for the court to determine if the substance falls within the definition of opium as described in the NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xv) -- Opium - (1) For a substance to be regarded as opium, it must fall under either of the two categories mentioned in Section 2(xv) of the NDPS Act; (2) In case the substance in question falls under the first category mentioned in Section 2(xv), that is, it is the coagulated juice of opium poppy, then it..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20 -- Bail - Recovery of chars - Percentage of tetra hydro cannabional (THC) does not determine purity of sample - Held, test resulting in quantification of percentage content of THC is neither relevant nor necessary for the purpose of considering grant of bail or of awarding sentence in terms of S.20 read..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 2 Kg. - Accused was arrested on suspicion - Prosecution evidence full of contradictions - Different versions about time when independent witness joined by patrolling party - Held, conviction cannot be sustained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 2 Kg. - Link evidence - No evidence that specimen seal impression was also sent to laboratory to enable the chemical examiner to compare the sample seal with the seal impression affixed on the sample - Chemical examiner on the report certified that seal/seals on the sample tallied with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21 -- Recovery of 55 grams of heroin - Link evidence - Investigator stated that the property which was recovered was sealed - Neither in recovery memo nor in special report it was so mentioned - Form 95 was produced before the Magistrate on the next day - Property was produced before the special court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21 -- Recovery of 55 grams of heroin - Accused convicted - Appeal - Accused while in custody of another criminal case made confessional statement and got recovered heroin from his clinic - Witnesses to this confessional statement turned hostile - Earlier also the premises of the clinic was searched in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21 -- Recovery of 55 grams of heroin - At the time of alleged recovery from the clinic, the watchman was available but not associated as a witness to the recovery memo - Held, it is desirable to get some respectable witness associated, if available...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Seizure of contraband substance - Raiding party joined two independent witnesses - Independent witnesses could not be examined despite attempts made - Held, non examination of independent witnesses not fatal to prosecution case which was otherwise proved by official witnesses...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Search and seizure - Raid conducted in house of accused on the basis of secret information - Officers knocked the door of the accused - Accused caught with a foam hand bag and he confessed that bag contained heroin - Held, proceeding not vitiated merely because information was not noted down...........
