Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of three bags each containing 35 kg. - Lady constable joined by IO at the time of search and seizure not examined - Case of prosecution proved from evidence of other witnesses - Public Prosecutor did not consider it necessary to examine the lady constable - Non examination of lady..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 293 -- Poppy husk - Recovery of three bags each containing 35 kg. - Non examination of Chemical Examiner - Held, report signed by Chemical Examiner or Assistant Chemical Examiner to Government is per se admissible into evidence - Accused having grouse against the report..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of three bags each containing 35 kg. - Conscious possession - Accused found sitting on the bags containing poppy husk in a room, in the burial ground which was an open and accessible place which could be visited by all and sundry - Contention repelled - Accused were not found sitting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy straw - Recovery of 70 kg. - Independent witness not examined - Accused acquitted. The evidence of Balwinder Singh, independent witness, was very material to unfold the case of the prosecution. Had he been examined, he would have revealed the truth, and thrown light on the correct position. Balwinder..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy straw - Recovery of 70 kg. - Delay of 9 days in sending sample for analysis - Effect. The delay of 09 days, in sending the samples to the office of the Chemical Examiner, and non-strict proof, by the prosecution, that the same were not tampered with, till the same were deposited in that office, must..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy straw - Recovery of 70 kg. - False plantation not ruled out as accused had previously filed a complaint against SHO and due to that grudge SHO has falsely involved the accused in the instant case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy straw - Recovery of 70 kg. - Once the defence version is found to be more probable, than the prosecution version then the accused is required to be given the benefit of doubt...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54 -- Poppy husk - Recovery of 3 bags each containing 35 kgs. of poppy husk - Accused sitting on bags in a park - Conscious possession - Accused failed to explain as to how such bags came to that place and in his possession - Moreover, once possession of accused and his control over bags is proved then..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54 -- 5 bags each containing 35 Kg of poppy husk recovered - Recovery effected in pursuance to disclosure statement from the room under the wheat chaff - Held, once recovery effected, it is presumed that accused has committed offence - Burden shifts on accused to rebut this presumption - Conviction..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 54, 35 -- Recovery of 4 bags of poppy husk 31 kgs each - Presumption as to existence of mental state - Appeal against conviction - Failure of accused in rebutting the presumption regarding possession of contraband and conscious state of mind - Accused rightly convicted...........
