Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Recovery of heroine - Search and seizure - Accused was prosecuted for commercial quantity of contraband yet its weight admittedly was never ascertained - As per statements of eye witnesses 450 grams of heroine was recovered but prosecution failed to give any explanation as to how quantity was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54 -- Recovery of 7 bags containing 30 kgs 250 gms poppy husk each - Appeal against conviction - Accused mentally aware that he is in conscious possession of contraband - Once conscious possession is established, burden of proof shifts on accused to prove that he is not in conscious possession of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- CFSL form - Non preparation of CFSL form at spot is no ground to disbelieve prosecution version...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 bags containing 30 kgs 250 gms poppy husk each - Non-examination of independent witnesses - In the instant case, independent witnesses associated at time of recovery not examined and given up by prosecution - Hence, no, examination of such witness who was with accused cannot be fatal to..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A(4) -- Default bail - Challan not presented within time - Application for extension of time filed before expiry of period of presentation of challan - No interim or final order of extension of time passed - After presentation of challan extension of time..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2), 439 -- Bail - Recovery of 90 gms narcotic powder - In the instant case, petitioner arrested on 30.08.2013 and 180 days expired on 1.03.2014 - However, incomplete challan presented on 19.12.2013 without report of chemical examiner - Petitioner's application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of seven cannabis plants from bari of accused - Neither it is stated as to what was the size of that bari and its area nor Revenue Inspector has whispered about it - Even, there is no evidence on record to prove that accused has cultivated the cannabis plants or that such growth of the plants was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1200 ML which is equivalent to 1092 gms. intoxicating liquid containing Codeine Phosphate - As per Schedule to NDPS Act 1000 gms and above of intoxicating liquid would be construed as commercial quantity - Recovery is marginally over and above..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of ganja - Non-joining of independent public witness - Joining of independent witness is not a mere formality - Simply saying by official witnesses that independent witnesses were not available without any evidence to that effect would not be suffice - Investigating officer is required to make..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 20(b)(ii)(B), 29 -- Recovery of ganja - Appellants were convicted on the testimonies of official witnesses - No independent witness was joined during investigation and even no efforts were made by I.O to associate them - Ganja was recovered from possession of appellants when they were apprehended -..........
