Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Ganja - Recovery from houses of three accused - Ganja in numerous packets - Contents of all packets not mixed - Sample drawn from one packet - Prosecution failed to prove that all the packets contained Ganja - Prosecution failed to prove that houses belonged to three accused - Prosecution miserably..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 500 gms smack - Contraband recovered from co-accused - There is no iota of word on file that appellant was in conscious possession of contraband or he abetted co-accused to commit the crime or conspired with him for that purpose - No evidence on record against appellant - Conviction and..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Default bail - Recovery of heroine - Challan not presented within 180 days as prescribed under law - Petitioners moved an application u/s 167(2) Cr.P.C. - However, said application of petitioner was dismissed and application of prosecution for extension of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 378(3) -- Recovery of 500 gms charas - Appeal against acquittal - Leave to appeal - Grant of - No independent witness examined by prosecution and only official witnesses are examined - No evidence on record that official witnesses had hostile animus against accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 18, 50 -- Retesting of contraband - While considering applications seeking retesting, Court is to be convinced of ends of justice meant to be secured and truth to be arrived at and protected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 18, 50 -- Possession of contraband - Demand for re-testing by accused - Accused pleaded that `brown sugar' sent for analysis was manipulated by Officials - However, while sending sample for second test, accused again pleaded it to be planted one - Since no purpose would be served and no fair trial can..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 500 gms charas - If two views emerge in the prosecution case then view favourable to accused has to be taken into consideration...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 500 gms charas - Appeal against acquittal - Independent witness stated in positive manner that charas was not recovered from possession of accused in his presence - On the contrary police officials stated that charas was recovered from conscious and exclusive possession of accused in their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 22, 29 -- Recovery of 5 tons of mantrax and 2.50 kg of methaqualone powder - Acquittal - Allegation that co accused harboured principal accused and made available to him - No evidence on record to prove that co accused has knowledge of activity of principal accused - Co-accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 21, 23 -- Recovery of heroin - Discrepancies qua sealing of case property - Panch witnesses and PW5 stated that four parcels of contraband were not sealed at the spot - Sealed packets were opened and unsealed for being shown to Doordarshan team - Consequence of this exercise was fatal suggesting tampering..........
