Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52 -- Recovery of 1.750 Kg of charas - Search & seizure - None has come forward to prove that inventory of contraband substance was prepared - Even case property not produced inspite of Magistrate having directed the same to be retained - Search vitiated - Accused rightly acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1.750 Kg of charas - No evidence on record that accused was in conscious and exclusive possession of contraband - No efforts made to involve independent witnesses despite the spot being densely populated - No reason given for using vehicle of complainant to reach the spot in spite of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Search & seizure - Prosecution failed to connect accused with the alleged recovery of contraband - Prosecution has not explained at all in what manner conspiracy was hatched between two accused - Independent witness not examined by prosecution - Version of police that independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 23(c), 28, 33 -- Appeal against conviction - Recovery of 11.976 kg of heroin from baggage of accused at IGI Airport - Accused admitted that both suitcases were checked in by him - Accused failed to prove that he was not in conscious possession of contraband - Conviction and sentence upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54, 35 -- Once possession of accused and control over contraband is proved then statutory presumption u/s 54 & 35 of Act operates against him that he was in conscious possession - Thereafter accused has to rebut statutory presumption by leading cogent and convincing evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 11.976 kg of heroin - Statement of accused u/s 67 of Act - Such statement is admissible in evidence as same is made prior to arrest of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i), 57 -- Recovery of 14 kgs of ganja - Compliance of S.57 of the Act - Prosecution report does not find mention of compliance of S.57 of the Act - However, PW3 proved that information was duly passed over to the superior authority - Even, PW3 stated about said fact and there is no suspicious features..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Search & seizure - Twin purposes of provision of S.42 are : (i) it is mandatory provision which ought to be construed and complied with strictly; (ii) compliance of furnishing information to superior officer should be forthwith or within a very short time thereafter and preferably..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of ganja - Search & seizure - Secret information - Non compliance of mandatory provision of S.42 of Act - Accused apprehended with 16 packets of ganja - PW1 informant made the seizure without obtaining any warrant or authorization - Neither information reduced into writing nor information sent to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of heroine - Search and seizure - Mere offer or option to accused would not satisfy the mandatory ingredients of S.50 of Act - Intimation given to accused cannot be treated as communication to him that he had a right under law to be searched before Magistrate and Gazetted Officer - Moreover, there..........
