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Tuesday, April 13, 2010

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

S.15 & 40--Recovery of contraband--Acquittal--Composite notice served upon all four accused--Offer not valid--Provisions of Section 50 not complied with--Appellants acquitted giving benefit of doubt.; Daljit Singh v. State of Haryana ; 2010(1) Law Herald (P&H) 637
S.15--Recovery of contraband--Acquittal--Accused found in possession of 19 kgs. and 250 gms. of poppy husk--Delay of 10 days in sending sample to Chemical Examiner--Other evidence produced by prosecution to prove complete of link evidence neither reliable nor trustworthy--Possibility of tampering with sample could not be ruled out--Conviction of accused set aside.; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.15--Recovery of contraband--Delay in sending sample--Acquittal--It is for the prosecution to prove affirmatively, that right from the date of seizure, until the sample was sent to the Chemical Examiner, it was not tampered with--If the prosecution fails to prove this factum, then its case is bound to dwindle down.; Beera Singh v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.15--Recovery of contraband--Independent witness--Acquittal--In absence of corroboration through an independent source, the evidence of the official witnesses, cannot be disbelieved and distrusted, blind-foldely, if the same is found to be creditworthy.; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.15--Recovery of contraband--Independent witness--Acquittal--When the evidence of the official witnesses, is found to be not cogent convincing, reliable and trustworthy, then on account of non-corroboration thereof, through an independent source, a doubt in cast, on the prosecution case. ; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.15--Recovery of contraband--Non-Commercial Quantity--Acquittal--Recovery of 19 kg. and 250 gms. of poppy husk constituting non-commercial quality--Contradiction in evidence of official witnesses--In absence of furnishing of any explanation case of prosecution became doubtful--Conviction set aside.; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law ; Herald (P&H) 586
S.15--Recovery of contraband--Sample--Tempering of--Acquittal--One specimen impression produced before SHO--Three seals found in existence on chit affixed on report of Chemical Examiner--Specimen impression of other seals was not produced before SHO who appeared as prosecution witness--Casts doubt on prosecution story that sample was tampered with until it reached office of Chemical Examiner--Conviction set aside.; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.25--Recovery of contraband--Punishment for allowing conveyance to be used for commission of offence--Registered owner of jeep in question has not been joined investigation--Held that it was obligatory upon investigator to have challaned registered owner.; Daljit Singh v. State of Haryana ; 2010(1) Law Herald (P&H) 637