Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 30 kg poppy husk - Non-compliance of provision of S.52-A of the Act - Samples were not drawn in the presence of Magistrate - There is thus, lapse on the part of I.O to comply with provisions of S.52-A of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 30 kg poppy husk - Personal search of accused was also conducted along with recovery of poppy husk from the truck - It is thus, obligatory on the part of I.O to produce accused before nearest Magistrate - There is thus, non-compliance of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Representative samples were sent after a delay of 11 days to Chemical Examiner - This delay amounts to violation of Standing Order No.1 of 1988, issued by Narcotics Control Bureau, which mandates sending of sample to chemical Examiner within 72 hours - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - ASI/PW5 is the complainant and he also conducted investigation - Entire investigation stands vitiated on this account - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Non-joining of independent witness - Place of recovery is a busy road and there are residential and commercial establishments - No explanation is forthcoming as to why independent witnesses were not joined - Failure of I.O to associate an independent witness at the time of..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Mere fact that items sold to accused `M' were indeed stolen articles, in the absence of dishonest intention and with the knowledge or belief of same being stolen property, it would not be sufficient to attract S.411 IPC - Accused `M' acquitted...........
Indian Penal Code, 1860, Section 120B -- Criminal conspiracy - Only accused `K' has been convicted among all five accused - One person alone can never be held guilty of criminal conspiracy because one cannot conspire with oneself - Conviction and sentence set aside,..........
Indian Penal Code, 1860, Section 411, Evidence Act, 1872, Section 27 -- Offence u/s 411 IPC - Disclosure statement - Recovery of money, jewellery etc. - Independent seizure witnesses who were allegedly present during seizure/recovery of stolen articles from the house of accused `M' having turned hostile and not supported prosecution case - Standalone evidence of I.O on..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 411 -- Examination of accused - Offence u/s 411 IPC - None of material circumstances forming basis of conviction of accused `M' were put to him - Not even a single question regarding stolen articles was posed to him - Instead, irrelevant and abstract questions about main incident of robbery were..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 1 kg Charas - Recovery effected do not fall within definition of commercial quantity, as said quantity is not greater than quantity specified by Central Government vide its notification - Accused committed an offence punishable u/s 20(b)(ii)(B) of the Act...........
