(i) Narcotic Drugs and Psychotropic Substances Act, 1985, S.18 — Recovery of 2 kg opium from a bag carried by accused — Prosecution proved conscious possession beyond reasonable doubt on basis of consistent official testimony, documentary evidence and FSL report — Conviction upheld.
(ii) Narcotic Drugs and Psychotropic Substances Act, 1985, S.50 — Search of bag carried by accused — Protection u/s.50 is confined to personal search and does not extend to search of bag or other article carried by accused — In any event, written notice was...
(iii) Narcotic Drugs and Psychotropic Substances Act, 1985, S.52A — Samples — Non-preparation of inventory and non-drawing of samples before Magistrate — Such lapse, even if assumed, was only a procedural irregularity in the facts of the case and did not vitiate the conviction in...
(iv) Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 35 and 54 — Statutory presumptions — Once recovery stood proved, the presumptions operated and the accused failed to rebut them. Page 7 to 8, Para 17.
(v) Criminal trial — Official witnesses — Non-joining of independent witnesses at a public place does not by itself discredit the prosecution when the official witnesses are trustworthy and no animus or motive for false implication is shown. Page 9 to 10, Paras 19 to...
(vi) Narcotic Drugs and Psychotropic Substances Act, 1985 — Recovery memo bearing FIR particulars — Mere mention of FIR number on the recovery memo is not fatal unless ante-timing, ante-dating or prejudice is shown. (Paras 20, 21)
(vii) Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.15, 18, 22 — CFSL form and specimen seal — Non-preparation of CFSL form at the spot and non-production of specimen seal are not fatal where safe custody and intact seals are otherwise proved by reliable evidence....
(viii) Narcotic Drugs and Psychotropic Substances Act, 1985, S.22 — Delay in sending sample to FSL — Delay of 15 days was not fatal as the sample remained in safe custody, seals were found intact and no tampering or prejudice was shown. (Paras 23 to...
