Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 10 kg. opium - Form No.29 not prepared at the spot and not deposited with Incharge of Malkhana - Sample seal handed over to the police officer who was part of the investigation team and the same also not deposited in the Malkhana or kept in the independent hand - These major contradictions..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 10 kg. opium - Form No.29 not prepared at the spot and not deposited with Incharge of Malkhana - Held, if search and seizure was in complete defiance of the law and procedure and there was possibility of the evidence collected likely to have been tampered with or interpolated during the course..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 10 kg. opium - Sample seal remained with the police - Held, there are chances of changing the sample by tampering the seal or refixing it cannot be ruled out...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 10 kg. opium - At the time of recovery various documents prepared which bear FIR number - When these documents were prepared, FIR was not registered and FIR No. was not available - Such serious lapses in the prosecution case create a doubt to the prosecution theory...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Secret information - Information not conveyed to any Senior Officer - Raiding party when reached the spot found accused standing at the gate of his house having a bag in his left hand from which 10 kg. opium was recovered - Held, it is S.43 and not S.42 which is applicable as seizure was not effected..........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Quashing of FIR - Accused acquitted on ground of alibi as he was admitted in hospital as he suffered injuries when he was on his way to Hanumangarh - Present FIR lodged against petitioners on allegations that they produced false certificate qua admission of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk from Maruti van - Appellant seated on back seat - Driver acquitted - Appellant also acquitted - Observed following infirmities:- (i) Seal after use not given to independent witness; (ii) Form 29 not prepared at spot; (iii) Nine days delay in sending sample to laboratory; (iv) Two..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Conscious possession - Presumption - Accused told that from the vehicle he was traveling contraband was recovered - Presumption shifts on accused to rebut conscious possession...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, Criminal Procedure Code, 1973, Section 313 -- Recovery of poppy husk - Conscious possession - Charge and statement u/s 313 Cr.P.C state that accused found in possession of contraband, recovery was effected and sample drawn - Requirement of law fulfilled - Immaterial if word `conscious possession' missing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of ganja - Independent witnesses did not support the prosecution case - Prosecution case resting on the testimony of the official witnesses - No evidence that brass seal alleged to have been used by Excise Inspector was not available with him during the period when allegedly seized articles..........
