Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 18 -- Illegal cultivation of opium-poppy plants - Agricultural land in question belonged to accused - However, accused was not found in the field at the relevant time - No proof is forth coming from prosecution to establish that accused was in exclusive possession of field or he had actually cultivated..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 18 -- Illegal cultivation of opium-poppy plants - There is no evidence of safe custody of seized muddemal - It cannot be said that prosecution has ruled out possibility of sample parcels having not been tampered with by anybody till it reached hands of chemical analyser - This circumstance makes..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 kg Poppy husk - Reduction of sentence - Accused is not involved in any other case - He has already undergone actual sentence of 5 months and 1 day - No useful purpose would be served by keeping accused behind bars further - Sentence awarded to accused thus, reduced to period already undergone..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 75 kg Poppy husk - Secret information - Information not reduced into writing - When there was possibility of accused to escape, case of prosecution cannot be thrown out on score that no information was reduced into writing...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 75 kg Poppy husk - Secret information - Accused were present in a jeep on a public path - Therefore, provisions of S.43 of the Act and not S.42 of the Act come into play...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - Non-joining of independent witness - There is no provision of law which requires presence of an independent witness at the time of search of a suspect - Case of prosecution cannot be discarded merely on score that no independent witness was joined at the time of recovery...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - Recovery effected by Inspector in presence of ASI - Both the witnesses of recovery have deposed in a fairly satisfactory manner on all material aspects of case - Deposition of witnesses inspire confidence and are fairly reliable, which proves and establishes material fact of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - Discrepancy in statement of inspector who effected the recovery - Case property was deposited with MHC and officer who had effected recovery ceased to have any access to same - Sample parcel was delivered in FSL prior to dates on which seal was used by inspector in other two..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 75 kg Poppy husk - False implication - Defence version as sought to be put forth in deposition of DW2 and DW3 does not sound to be convincing and acceptable - They never submitted any complaint to higher police officers with regard to false implication of accused - DWs maintained studded..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Recovery of poppy husk - Non-examination of independent witness - Independent witness remained associated with police party during entire recovery proceedings - Even seals were handed over to him - However, for reasons best known to prosecution, independent witness was not examined - Non-examination of..........
