Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Recovery of 60 cakes and 110 capsules of Hashish - Search and seizure - Testimony of independent witnesses - Prosecution case corroborated with regard to recovery of narcotic substance from luggage of accused in their presence at DRI office by independent witnesses, particularly PW9 -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Recovery of 60 cakes and 110 capsules of Hashish - Inventory-cum seizure list is a contemporaneous record with regard to recovery of articles from luggage of accused and defence cannot cast doubt with regard to its authenticity on score of no, production of rough notings of PW2, which he has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Confessional statements - Recovery of 60 cakes and 110 capsules of Hashish - Direct evidence on record with regard to recovery of narcotic substance from luggage of accused - Under such circumstances, voluntary statements of accused recorded u/s 67 of the Act can be used as corroborative evidence to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Recovery of 60 cakes and 110 capsules of Hashish - Non-production of seized contraband in Court - Cannot be ground to reject prosecution case, when remainder of contraband was kept in customs Godown was destroyed with permission of Court in terms of S.52 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Recovery of 60 cakes and 110 capsules of Hashish - Chain of custody of seized contraband and representative samples taken therefrom for chemical examination have been proved - PW11 sent representative samples for chemical examination under cover of letter - Variation in weight of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Confiscation of vehicle - Power to confiscate is conferred on Court but before taking a view as to involvement of vehicle and prior to directing confiscation of vehicle, registered owner of vehicle ought to be heard by trial Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Confiscation of vehicle - Vehicle involved in transporting 9.800 kgms Ganja - Court ordered confiscation of vehicle with a one line order without granting opportunity to registered owner/petitioner of being heard and without stating anything about explanation furnished by petitioner - Confiscation order..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 46 kgs Ganja (cannabis) - I.O. made arrest or seizure but failed to make a full report of the same to his immediate superior officer within 48 hours - There is thus, no, compliance of S.57 of the Act - Even though S.57 of the Act is not mandatory but official conducting search and seizure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 46 kgs Ganja (cannabis) - Search conducted at a public place which is open to general public - Compliance of S.42 of the Act not necessary - However, when prosecution comes up with compliance of a provision on which there is diametrically opposite statement of a witness and it also runs..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 46 kgs Ganja (cannabis) - Neither brass seal nor specimen seal impression was forwarded to Court at the time of producing gunny bags in sealed condition - Paper slip containing signatures of witnesses also not utilized while sealing gunny bags - No sample was collected at the spot in..........
