Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22 -- Recovery of contraband - Conviction - Validity - Recovery of three packets of ganja from bag and 20 kg from Jhola of appellant - Contradiction in testimony of witnesses as to location of appellant as well as with regard to his connectivity with ganja so seized - I.O. failed to disclose process of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Recovery of Ganja - Accused acquitted - Investigating officer does not know as to how many days case property remained in Malkhana and also did not know as to whether superior officer was informed about incident or not - He also did not know as to how many days case property remained in Malkhana -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Ganja - Recovery of 67.400 kg. - Prosecution has to establish beyond shadow of doubt that (i) samples taken were sealed and specimen impression of the seal was prepared; (ii) at the time of entrustment of the samples in the malkhana, Station House Officer had affixed his seal on the sample packets as also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Ganja - Recovery of 67.400 kg. - Acquittal - (i) Sample when taken to FSL was not in sealed condition; (ii) Sample not prepared when contraband was seized; (iii) Sample prepared after 1-1/2 months of the seizure of contraband; (iii) no evidence to explain the delay regarding preparation of sample; (iv)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 42 -- Recovery of Ganja - Compliance of S.42 - Sub-Inspector (PW9) received secret information - He entered it in rojnamcha sanha and also prepared mukhbir suchna panchnama and transmitted it to SDO immediately - Held, there was substantial compliance of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 50 -- Recovery of Ganja - Search of a person - Held, officer who is to search a person is required to inform that person about his right to be searched by a nearest Gazetted Officer or by a nearest Magistrate - If person gives his consent to be searched before a Gazetted Officer or before a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 50 -- Recovery of Ganja - Search of truck - Compliance of S.50 - Held, S.50 of the Act would not be applicable when search is made of a house or a vehicle or a container or a bag or premises - In instant case, search was made of truck, therefore, S.50 of the Act would not be applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 42, 50, 55 -- Recovery of Ganja - Delay of 4 days in sending sample for chemical examination - Appellant failed to prove that seal put on articles and samples were in any manner tempered with before samples were examined by chemical examiner - Held, mere delay of 4 days in sending sample to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 42, 50, 55 -- Recovery of Ganja - Conscious possession - Proof - Prosecution failed to prove conclusively that appellant "A" is owner of truck from which Ganja was recovered - No evidence on record which indicates that appellant "A" knowingly permitted other co-accused persons to use his truck for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of contraband - Commercial quantity - Independent witnesses stated that 9 Kg 800 gm and 11 Kg 500 gm of ganja recovered from attache and gunny bag carried by accused persons in their presence - Samples sealed with personal brass seal of Excise Officer - Proper entries pertaining to..........
