Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 20 bags each containing 35 kg. of poppy husk - Conscious possession - Accused sole occupant of truck from which recovery was made - Sufficient to prove possession - When possession of contraband is proved then there is statutory presumption that accused has committed the offence -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Recovery from a jeep - Three out of four in the jeep ran away - Police found them innocent though they were also named in FIR - Accused who was prosecuted cannot be convicted on same set of evidence - Acquittal upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Accused found in possession of 15 Kg of poppy husk - Accused convicted by trial court - Conviction set aside as prosecution case suffers from following infirmities : (a) No independent witness joined by the investigating officer at the time of alleged search and seizure, despite availability; (b) Alleged..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Non examination of independent witness - ASI was inimical towards the accused as wife of accused was a witness in a corruption case against the ASI - Held, in the aforesaid reason it was the bounden duty of the prosecution to examine the independent witness - Prosecution case has become doubtful - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of - Ruqa sent at 4.00 p.m. wherein quantity of poppy husk in each bag was recorded - Testimony of DSP that measurement of poppy husk was conducted at about 4.30 p.m. whereas ruqa was sent at 4.00 p.m. - This fact shows that DSP was not present at the spot when alleged recovery was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 40 Kgs. - Accused convicted and sentenced to 3 years and to pay a fine of Rs.10, 000/- - Accused faced trial for 8 years - Sentence reduced to one year and four months - Amount of fine reduced to Rs.5, 000/-...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 15 -- Confiscation of jeep - Driver convicted - Notice given to owner who led evidence - Nothing on record to show as to what sort of precautions he took in ensuring that the jeep was not misused for transporting the contraband by the driver who was his agent - Order of confiscation - Order upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of three bags each containing 35 kg. - Delay of five days in sending sample for analysis - Delay not explained - By itself not sufficient to come to the conclusion that the sample parcels were tampered with - In such a situation the Court is required to fall back upon other evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of three bags each containing 35 kg. - Only independent witness given up being won over - No adverse inference can be drawn when the only independent witness was given up by the prosecution, as won over by the accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of three bags each containing 35 kg. - Affidavits of witness not specifically put to accused in his statement u/s 313 Cr.P.C. - Conviction of accused cannot be set aside, merely on the ground that the affidavits of the formal witnesses were not specifically put to them in their..........
