Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 29, 31A -- Recovery of heroin - Death sentence - 3.5 kg heroin was recovered from accused `A' and 50 kgs of heroin recovered from rented premises of accused `D' - Accused `A' was convicted on two occasions for possession of narcotic substance above commercial quantity - He was awarded death sentence in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 17 kg poppy husk - Non-joining of independent witness - There was no market or village near place of recovery - SI and recovery witness have fully supported prosecution case and their testimonies are without any material contradiction and were rightly found as reliable - Non-joining of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 17 kg poppy husk - Recovery effected from plastic bag carried by accused on his head and not on his personal search - Provisions of S.50 of the Act not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 17 kg poppy husk - Reduction of sentence - Recovery effected from accused in 2001 - Custody certificate produced on file shows that at the time of suspension of sentence of accused, he had undergone 7 months and 29 days of imprisonment and has not been found involved in any other case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29 -- Recovery of 36 quintal 95 kg and 300 gms poppy straw - Framing of charge - Recovery effected from truck - Petitioner was not apprehended with truck in which contraband was being plied - He was found involved in the case as being person, which was escorting truck in a Bolero vehicle/car - However, no..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 2604 gms alprazolam - Recovery effected from house of co-accused `G' and three other co-accused were arrested alongwith `G' at the spot - Even, co-accused `T' stated that petitioner was also present at spot and had left it before he raid -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of heroine - Offer to search - Illegality of offer would depend on response of accused - In case on being made an illegal offer, accused opts to get searched from unauthorized officer, it may have a very important effect on a case, but where in response to even illegal offer, accused claims that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Arms Act, 1959, Section 25 -- Recovery of heroine and weapons - Non-examination of independent witnesses - If testimony of Government witnesses is credible, omission to examine independent witness would not be fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 32B, Arms Act, 1959, Section 25 -- Recovery of heroine and weapons - Heavy recovery of heroine effected from accused `H' proved - However, sentence of 20 years R.I awarded to accused `H' is rather harsh - Sentence of accused `H' reduced to 10 years R.I with a fine of Rs.1,50,000 and in default of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(b) -- Recovery of 250 gms charas - Investigation by one of member of raiding party - There were ten ASI at Police station - On account thereof informant should have avoided to entrust investigation to one of member of raiding party as being a member of raiding party, his conduct could not be considered..........
