Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of Charas - Search and seizure - Official witnesses have not supported prosecution case - Both independent witnesses stated that their signatures were obtained on plain papers and pieces of clothes - They have denied recovery of contraband from accused persons and were declared hostile - Major..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Non-examination of independent witness - Prosecution is not obliged to examine a witness who has been won over by accused and likely to turn hostile in case examined before court - It is always open to accused to examine such a witness in his defence and Court itself may also call..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of poppy husk - Secret information - Non-compliance with provision of S.42 of the Act may not vitiate the trial if it does not cause any prejudice to accused - Contention raised by accused for no, compliance of mandatory provisions of S.42 of Act is untenable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Delay of six days in sending samples - If there is cogent evidence that no link evidence is missing and contraband was seized from accused and seals put on sample were intact till it was handed over to chemical examiner, delay itself is not fatal to prosecution case - Conviction..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Accused contended that there is no evidence in respect of ownership of house from where recovery was effected and said house being accessible to all - Accused was found present at spot and recovery was effected in presence of accused thus contention as to house being accessible to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 15 gms of heroin - Non-compliance of S.50 of the Act - Requirement u/s 50 of the Act not complied with by merely informing accused of his option to be searched either in presence of gazetted officer or before Magistrate as an endeavour should be made to produce the suspect before the nearest..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Recovery of 15 gms of heroin - Non-examination of chemical analyst and no, mentioning of quantity of seized material in chemical analysis report - Does not vitiate trial...........
Criminal Procedure Code, 1973, Section 451, 457, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Recovery of charas from vehicle - Release of seized vehicle - At the time of recovery vehicle was driven by driver - Complicity of owner of vehicle not alleged and that is why he has not been made co-accused - It is of no use to keep seized vehicle at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Chance recovery - There is no requirement of compliance of mandatory provision of S.50 of the Act - However, in case I.O. opts to comply with the provision of S.50 of the Act, then it is obligatory for him to adhere to the same in letter and spirit...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Of bag and also search of person - If search is limited to extent of search of bag, then there is no requirement of compliance of S.50 of the Act - However, if person of accused is subsequently searched, in that eventuality the mandate of S.50 of the Act has to be complied with...........
