Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 2.50 kg. - Accused served with partial notice - Evidence of official witnesses not corroborated by independent witness - Delay of eight days in sending sample for analysis and delay not explained - Complete link evidence not established - Case property and sample not produced before..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Constable deposited parcels in FSL on 29th whereas according to report of FSL it was deposited on 6th of next month - Where sample parcels remained during all this period not known - Link in chain of prosecution evidence thus found missing - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Delay of six days in sending sample parcel to FSL - Delay not explained - Other evidence by prosecution to prove the completion of link evidence deficient, not reliable and not creditworthy - In such circumstances unexplained delay of sending sample to FSL is fatal to the case of the prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Link evidence - Sample seal not sent to FSL alognwith sample - FSL deprived of comparing the sales on the sample parcel with the seal affixed on the sample parcel - Possibility of tampering with the parcel cannot be ruled out...........
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 20, 18 -- Opium - Recovery of 7.200 kg. - Two independent witnesses not supporting prosecution case at all - Accused denied specifically presence of lady constable to search one of the female accused - Lady constable not examined and was given up - No evidence that seal impressions were separately sent to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Recovery of 2.100 kg. opium - Link evidence - Failure of prosecution to prove beyond a reasonable doubt, all the links starting from seizure - Possibility of sample being changed or tampered with during the period it changed several hands till its reaching the Public Analyst, could not be..........
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 40.25 kgs. - Link evidence - Affidavit of MHC with whom case property was deposited - MHC not produced for cross examination - Affidavit without offering an opportunity to the accused to cross examine the deponent thereof, cannot be taken into consideration as legally admissible..........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 68I, 68J -- Forfeiture of property - Notice to appellant issued - There was no allegation in the notice that there was any nexus between the property sought to be forfeited and the alleged illegally acquired money of the appellant - While passing order of forfeiture rule of..........
