Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 45 bags each bag containing 35 kgs. of poppy husk - Plea that complainant cannot be IO - IO himself sent the ruqa - Held, Police Officer, who is complainant, when conducts investigation and it is not proved that any prejudice is caused to the accused on account of such a procedure,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 45 bags each bag containing 35 kgs. of poppy husk - Seal found broken when case property produced - Held, on account of irresponsible handling, lapse of sufficient time between date of recovery and production of case property, seals on some of bags stood broken does not mean that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 45 bags each bag containing 35 kgs. of poppy husk - Plea that owner of truck not associated during course of investigation - Mere fact that IO committed an irregularity or illegality during course of investigation does not mean that accused did not commit any offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 45 bags each bag containing 35 kgs. of poppy husk - Conscious possession - Both accused were occupants of the truck - One was driving and other was sitting by driver's seat - Recovery not small quantity which could escape notice of accused - Moreover, it is accused who has to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 55 -- Poppy husk straw - Recovery of 59 bags loaded in a truck from five appellants - Conviction - Appeal against - Eye witnesses and recovery witnesses turned hostile - Nothing on record as to from where tuck was loaded with poppy straw and by whom - Violation of S.25 of the Act as no enquiry was made..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 24 bags - Conscious possession - Poppy husk bags recovered from two persons who were carrying it in tractor trolley - One was driving and the other was sitting in the tractor trolley - Once possession is established, person who claims that it was not conscious possession has to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55 -- Contraband - Recovery of - Seal after use handed over to an official witness when two independent witnesses were present - Prosecution gave no explanation for preferentially handing over the seal to an official witness - Sample received by Chemical Examiner after a delay of 15 days - Delay coupled with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55 -- Contraband - Recovery on receipt of secret information - Secret information neither reduced to writing nor copy sent to superior officers - Violation of mandatory provision of S.42 - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55 -- Contraband - Recovery on disclosure statement - Place of recovery accessible to all - Recovery could have been effected in the course of casual or usual or ordinary search - If it was so, there was no need no record disclosure statement - It is very difficult to say that the place of concealment was in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54 -- Conscious possession - Once the possession is established, the person who claims that it was not a conscious possession has to establish it, because how he came to be in possession is within his special knowledge...........
