(i) Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.15, 35, 54 — Conscious possession — 80 Kg poppy husk — Appellant found sitting on bags in river bed and attempted to flee on noticing police party — Recovery from his exclusive possession proved by consistent...
(ii) Narcotic Drugs and Psychotropic Substances Act, 1985, S.50 — Search and Seizure — 80 Kg poppy husk — Appellant found sitting on bags in river bed and attempted to flee on noticing police party — Recovery had taken place from a bag and not...
(iii) Narcotic Drugs and Psychotropic Substances Act, 1985, S.52A, 54, Indian Evidence Act, 1872, S.114(g) — Non-compliance — Samples and case property produced before the Area Magistrate on very next day and initials affixed on sample parcels and case property — Section 52-A primarily provides...
(iv) Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.52A, 22 — Delay of five days in sending samples to Chemical Examiner — Case property remained in safe custody and sample parcels reached Chemical Examiner in intact condition — Seal found intact and tallying with specimen...
(v) Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.8(c), 20(b)(ii)(C), 29(1) — Contraband — Non-joining of independent witnesses — Non-examination of independent witness did not affect the credibility of the prosecution story — Depositions of official witnesses are at part with that of independent witness —...
(vi) Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 15, 35, 54 — False implication — Alleged illegal detention supported by telegrams sent by the appellant’s father — Telegrams only established that communications were sent and did not prove the truth of their contents —...
