Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 4.800 kg opium - Reduction of sentence - Accused is a very poor person and nobody is there in his family to look after the children and his wife - Moreover, accused already undergone more than 11 years of incarceration in jail - Sentence of accused reduced to 11 years R.I from 14 years R.I..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 480 gms heroine - Non-compliance of mandatory provision of S.42(2) of the Act - Secret information neither reduced into writing nor communicated to higher officers - There was thus, breach of S.42(2) of the Act - Trial vitiated - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 480 gms heroine - Search was not made before Magistrate or any Gazetted Officer - Contraband material was not properly sealed and communicated to be sealed - Contraband was kept with complainant in police station and not sent for chemical examination for more than 9 days - No proper method..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(a)(i) -- Cultivation of Cannabis (ganja) plants - Seizure of 26 kgs plants - No evidence on record to prove the factum of cultivation of seized plants by accused in his bari (place) or that such growth of plants was within his knowledge or that land over which those had been grown was in his exclusive..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22 -- Recovery of 4000 Paravan Spas Capsules and 200 bottles of corex - Material contradictions found in testimony of PWs with regard to identity of accused - Prosecution failed to examine I.O and Forensic Expert - No material on record to hold that seized material was contraband being psychotropic..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15(c) -- Contraband - Non production of contraband material before special Judge - Acquittal calls for no interference...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B) -- Contraband - Reduction of sentence in default of payment of fine - Accused is a very poor person and unable to deposit heavy amount of fine as imposed by trial Court - He already undergone substantive sentence imposed upon him by trial Court - Period of 2 years additional imprisonment awarded to accused..........
Evidence Act, 1872, Section 138, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Non cross-examination of material defence witnesses on material points by prosecution - Version put forth by said DWs therefore, cannot be brushed aside easily by Courts while placing reliance upon statements made by PWs...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 450 gms charas - Story put forth by prosecution is not trustworthy - Rather, Court after carefully examining statements of DWs is compelled to conclude that police party falsely implicated accused - Even otherwise, there are material contradictions in the statements of PWs and there is no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Criminal Procedure Code, 1973, Section 482 -- Contraband - Quashing of proceedings - Proceedings initiated by Sub Inspector holding charge of SHO - Proceedings quashed not in conformity with provision of S.42 of the Act irrespective of the fact that State Govt. authorised Sub Inspectors of Police and..........
