Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 160 vials of cough syrup - Search, seizure and sampling were completed at the spot - Notice u/s 50 of NDPS Act was served but it was not required, as recovery was effected from vehicle of accused - Though no independent witness joined but fact of matter is that statements of official witnesses..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 1 kg 400 gms charas - Non-joining of independent witnesses - Existence of nearby residential locality - However, no efforts were made by patrolling party to join any independent witness in the proceedings - Prosecution thus, failed to prove guilt of accused beyond shadow of doubt...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg 400 gms charas - Search and seizure - Where personal search of accused was carried out, compliance of S.50 of the Act was mandatory...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg 400 gms charas - Non-compliance of S.50 of the Act - Giving of third option - Consent memo obtained from accused shows that in addition to two statutory options of search before Magistrate or Gazetted Officer a third option was given to accused from getting himself searched before any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 1 kg 400 gms charas - Weighing of contraband not done at the spot - IO/Incharge of police party is expected to carry weighing scale, while proceeding on patrolling duty or Nakka alongwith accompanying police personnels - Stand taken by police party that because of not possessing a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 1 kg 400 gms charas - Identification of case property - Variance between oral statements of PWs and documents regarding description of packet containing contraband - As per documents prepared, packet containing contraband was neither a poly bag nor a cloth bag nor a polythene - Case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 1 kg 400 gms charas - Shape of contraband - PWs stated that contraband recovered from accused was black colour substance in the form of small balls and chapaties - Whereas, as per SFSL report, contraband sealed in cloth parcel was found in the shape of balls, spiral sticks and..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- FIR - Murder case - Inquest report and recovery memo of dead body and seizure memo of clothes, did not bear FIR number - Sub-Inspector admitted that at the time of preparing these documents, FIR was not lodged - There was thus, overwriting in police proceedings of FIR number - It shows that..........
Indian Penal Code, 1860, Section 302 -- Murder - Delay in lodging FIR not explained - Averments of FIR as regarding injuries sustained by deceased do not match with post-mortem report - I.O not found other persons guilty after investigation - Complainant not mentioned names of eye witnesses in FIR and even motive of crime not specifically alleged in FIR - PWs introduced..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 318 gms heroin - Recovery effected near outskirts of town and not made on a closed building requiring authorities concerned to enter and search - S.42 of the Act is found to be not attracted but rather it is S.43 of the Act, which will be applicable...........
