Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Non-compliance of provision of S.42 of the Act - Accused acquitted - Registration of FIR and communication of FIR to Superintendent of Police, would not constitute sufficient compliance of the mandate of S.42 of the Act - Mandate contained in S.42(1) of the Act is separate and distinct from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 100(4) -- Recovery of 5 bags of poppy husk - Non-joining of independent witness - House in question raided on secret information, but no public person or neighbour called at the time of house search, which is mandatory as per S.100(4) Cr.P.C. - Non compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 5 bags of poppy husk - Search and seizure - Exclusive conscious possession - Recovery allegedly effected from house of accused, where other family members had also been residing - But there is no evidence on record to prove ownership of said house - No evidence on record that accused was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 5 bags of poppy husk - Delay of 10 days in sending sample to FSL - No explanation for withholding the sample for such a long time - Delay fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 5 bags of poppy husk - Official witnesses - Conviction of accused solely rests on testimony of official witnesses - Testimonies of official witnesses cannot be brushed aside being interested witnesses but while considering its probative value, Court must also be cautious against false..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(a) -- Recovery of 5 bags of poppy husk - Search and seizure - Secret information not reduced into writing and copies of same not sent to higher officer, which amounts to non compliance of S.42(a) of Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 650 gms - Non-joining of independent witnesses by prosecution despite availability of independent witnesses - Accused can be convicted on the testimony of police officials if independent witnesses could not be procured despite best efforts made by Investigating Agency - However, in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 650 gms - Entire investigation was conducted by complainant himself which is against criminal jurisprudence and ipso facto contrary to law and same has caused miscarriage of justice to accused - Acquittal upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 650 gms - Non filing of column Nos.9 and 11 of NCB form - Miscarriage of justice is caused to accused and same are fatal to prosecution case - Acquittal upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Charas - Recovery of 650 gms - Resealing of parcels by SHO not conducted - All sample taken from seized material have necessarily to be sealed with the seal of an officer incharge of Police Station - It is mandatory in nature to protect tampering of parcel because punishment mentioned in the Act is grave..........
