Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), Criminal Procedure Code, 1973, Section 100 -- Recovery of 9.440 grams heroin - Recovery effected in pursuance of prior information - Investigator went to scene of occurrence without any witness - Efforts made to join independent witnesses but they refused - No action taken against persons who..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 57 -- Charas - Recovery of 100 gms. - It was 93 grams when it reached Laboratory - Creates serious doubt that article sent to laboratory was the recovered article - Specimen of seal prepared at the spot not filed in Court - No evidence that Charas deposited in Malkhana and taken to Laboratory was put up..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 100(4) -- Recovery of charas - Independent witnesses - Names of persons who did not join even after asking for joining not disclosed - No action taken against such persons - No real and sincere effort made to join independent witness - It is imperative for IO to join an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Link evidence - Delay of 6 days in sending sample to laboratory - Delay not explained - Prosecution did not led any evidence that it was not tampered with - Fatal to prosecution case as the possibility of tampering with the same not ruled out...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 20 -- Recovery of charas - Non compliance of Section 55 of the Act - Effect of - Case property not produced before area Magistrate - No explanation for the same - Breach of Section 55 fatal...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 52(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Juvenile - Recovery of opium and smack - Case pending for eight years - Only three official witnesses examined - Evidence closed after affording last opportunity to lead evidence - Recovery not established - Accused acquitted -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Accused found in possession of 3.5 Kg of poppy husk - Accused sentenced to 3 years and six months RI - Recovery effected is non commercial quantity - Held, sentence awarded is excessive - Sentence reduced to 6 months and 3 days already undergone...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Smack - Recovery of 105 grams alongwith a scale, weights of 50, 10 & 5 grams - 15 days delay in sending sample for analysis - Constable who carried the sample for analysis nowhere stated regarding deposit and handing over of sample seal impression - As per his evidence sample seal impression was neither..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Smack - Recovery of 105 grams - Non joining of independent witnesses - Independent witnesses available but not joined - No reasons given for non joining of passersby - Casts a suspicion over the prosecution story...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Smack - Recovery of 105 grams - Independent witness denying that recovery was effected in his presence - Accused acquitted...........
