(i) Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.20, 42, 50, 55 and 57 — Recovery of charas from bag carried by accused during routine patrolling — S.42 not attracted as it was a chance recovery and not based on prior information regarding search of...
(ii) Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.50 and 57 — Independent witness examined as defence witness — Witness admitted his signatures on notice u/s.50 and consent memo but later resiled and claimed false implication and blank papers — Explanation was an afterthought as...
(iii) Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.18, 20, 50, 55, 57 — Minor contradictions and discrepancies — Variations regarding departure time, arrival at spot, stay of DSP and place of writing work were peripheral and natural after lapse of time — Such discrepancies...
(iv) Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.50, 55 and 57 — Delay in sending sample to Forensic Science Laboratory — Sample was dispatched after ten days, but seals were found intact on receipt in the laboratory — Mere delay in dispatching the sample...
(v) Narcotic Drugs and Psychotropic Substances Act, 1985, S.55 — S.55 is directory and not mandatory — Procedural deviation does not invalidate recovery or trial unless prejudice or tampering is shown — Non-compliance by itself does not render prosecution unsustainable. (Para 12)
(vi) Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 — Charas 2.5 KG — Recovery of charas from conscious possession of appellant proved through trustworthy and convincing evidence — Trial Court’s findings were based on proper appreciation of oral and documentary evidence and called...
