Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kgs poppy husk - Appeal against conviction - Reduction of sentence - Accused convicted and sentenced to undergo R.I. for 12 years and to pay fine of Rs.1 lac each and in default of payment of fine to undergo further R.I. for 1-1/2 years each - Accused `J' is old aged person suffering from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Recovery of 15 bags of poppy husk - Search and seizure - Non-prepration of CFSL form on the spot - Filling of CFSL form on the spot is a very valuable safe-guard to ensure that seal sample is not tampered with till its analysis by F.S.L - CFSL form ought not only be prepared and sealed by officer making..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Recovery of 15 bags of poppy husk - Non-examination of independent witness - Independent witness though joined in the raid but not examined in Court as he had been won over - Mere no, examination of independent witness does not affect prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Recovery of 15 bags of poppy husk - Search and seizure - Recovery affected from tractor-trailer being driven by accused - Though tractor-trolley may belong to somebody else still offence could be committed by accused after hiring the same - It is upon accused to explain as to how tractor came into their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 9.790 kg. of charas/cannabis - Non-compliance of S.50 of Act - Prosecution neither followed S.50 of Act, nor independent witnesses though available, were associated at the time of search, seizure and sealing proceedings - Non-compliance of S.50 of Act, held, vitiated the trial...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 9.790 kg of charas/cannabis - Case property was produced before Court - However, who brought the case property from Malkhana to Court not proved - It casts doubt whether it is the same case property which was recovered fromaccused and sent to FSL or it was case property of some other case as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50 -- Recovery of heroin - Secret information - Search and seizure - Search authorization on the basis of Secret information, has not been produced on record - Admittedly no option as required by S.50 of Act was given to accused persons before conducting search - S.42(1) of Act comes into play attracting the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 21, 23 -- Recovery of heroin - Discrepancies qua sealing of case property - Panch witnesses and PW5 stated that four parcels of contraband were not sealed at the spot - Sealed packets were opened and unsealed for being shown to Doordarshan team - Consequence of this exercise was fatal suggesting tampering..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 21, 23 -- Recovery of heroin - Discrepancies regarding quantum of heroin - Since the entire search and seizure process was conducted without giving any option as required u/s 50 of Act, search and seizure proceedings are illegal and no reliance can be placed on the disclosure statements of accused regarding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of heroin - Retracted confession - Confessional statements of accused persons were not voluntary as they filed their retractions immediately on being produced for the first time before Duty Magistrate, by claiming the statements to be involuntary - No reliance can be placed on confessional..........
