Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, Criminal Procedure Code, 1973, Section 313 -- Possession - Conscious possession - Presumption - Presumption u/ss 35, 54 NDPS Act cannot be raised unless accused is given an opportunity to rebut the presumptions in his statement under Section 313 Cr.P.C. by calling upon him to explain the circumstances..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 55, 50 -- Contraband - Recovery of Ganja more than 5 kgs. - Report of FCL (Forensic Science Laboratory) not tendered in evidence - Accused not examined on said report - Police personnel not deposing about said report - Independent witnesses not supporting prosecution story - No identification marks given on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Eye witness to recovery a stock witness who had already been cited as a witness to recovery in a case under NDPS Act - Brings the case of prosecution under the clouds of doubt...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Contraband - Entry in Malkhana register made but case property, sample seal and samples remained in possession of SHO till it was sent to Chemical Examiner - There was every possibility of the seized substance being tampered with - Conviction is liable to be set aside inter alia on this ground alone...........
Link evidence -- Seal after use on sample remaining with police official working under IO - Possibility cannot be ruled out of seal being tampered with, the substance being changed and the packet containing sample being re-sealed - Court can presume tampering with the sample - Accused acquitted. (Narcotic Drugs and Psychotropic Substances Act, 1985, S.55)...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy straw - Recovery of - Place of recovery a thorough fare - People passing through the said place - Asked to join investigation but they showed their inability to join - Their names not noted down and no action taken - Explanation not at all convincing - Lacuna dents the case of prosecution about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 439 -- Bail - Opium - Recovery of 2 Kg. - Petitioner in custody for the last about ten months - Case fixed for evidence and same likely to be over within four months - If prosecution evidence is not concluded within four months from the date fixed, for reasons not..........
Criminal Procedure Code, 1973, Section 427, 428, Indian Penal Code, 1860, Section 64, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23 -- Conviction u/s 21 & 23 of NDPS Act - Imprisonment in default of payment of fine - Where two sentences of fine are imposed and two defaults in respect thereof committed, defaulting convict has to undergo two separate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 439 -- Smack - Recovery of 145 gms. - Bail - Likelihood of accused indulging in such activities if released on bail - Bail rejected - Grant of bail in one such case not a precedent...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 30 bags from tractor trolley - Conscious possession - One accused driving tractor and another sitting on bags - There was no other article in the vehicle - There was none else in the vehicle - Plea of not in conscious possession, not tenable...........
