Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 6.318 kg heroine - Except IO, none of other members of raiding team examined in whose presence contraband was recovered - No plausible explanation as to why all these material prosecution witnesses not examined - Seemingly, a trend has emerged not to examine other members of the raiding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 6.318 kg heroine - Non-examination of two independent witnesses as address given by them found incorrect - In numerous cases it is noted that no such individuals are produced on the ground that their addresses were found incorrect - It cannot happen in most of the cases - Non examination..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 6.318 kg heroine - Secret information - Not recorded in duly maintained register - Though recording of secret information in register is not mandatory as per S.42 of the Act, but to ensure that such information was received and to attach certain sanctity it is necessary that it should be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 6.318 kg heroine - Defective investigation - No call details placed on record to ascertain if both accused were acquainted with each other or were in constant touch - Investigation is silent as to from where contraband was procured, by whom it was procured, for what consideration it was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Charas - Recovery of 1.50 kg - Non-joining of public witness - Do not ipso-facto make evidence of police witness unreliable or untrustworthy...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Charas - Recovery of 1.50 kg - Delay of 14 days in sending samples to FSL - Does not create doubt that samples were being tampered as samples were kept in malkhana on same day of seizure and were in proper custody...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Charas - Recovery of 1.50 kg - Tampering of contraband - Reduction in weight of charas of 8.5 gm - It is evident from FSL report and CRCL report, that there is nothing on record to suggest that there is tampering of contraband recovered from accused - Thus, discrepancy in weight of contraband has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 272, 273, 34, Drugs and Cosmetics Act, 1940, Section 27(b)(ii), 28, 36AC, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(C) -- Bail - Recovery of 4000 bottles of Corex Cough syrup containing codeine - Though Central Government by its notification prohibit the manufacture,..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 42(1) -- Anticipatory bail - 12 Kg Ganja - FIR was registered on secret information and pursuant thereto, a police party raided house of petitioner - At time when search was to be made, DSP was contacted on his office phone, who reached at spot and notice was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Criminal Procedure Code, 1973, Section 100 -- Search - If it is not possible to take accused to nearest Gazetted Officer or Magistrate, due to possibility of person to be searched parting with possession of contraband, apprehending officer may proceed to search person of accused by following procedure laid..........
