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Friday, June 18, 2010

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

S.15--Contraband--Conscious Possession--Recovery of 5 bags of poppy husk each containing 30 kgs.--Place of recovery was open and accessible to all--No efforts made to ascertain ownership of place of recovery--Merely because accused was sitting on bags ipso facto would not enough to hold conscious possession over bags--Prosecution failed to establish conscious possession of appellant qua recovery of poppy husk--Accused acquitted.; Niku v. State of Punjab, ; 2010(1) Law Herald (P&H) 790
S.15--Criminal Procedure Code, 1973, S.313--Contraband--Acquittal--Recovery of 5 bags of poppy husk each containing 30 kgs.--Affidavits of carrier of sample parcels as well as MHC with whom case property was deposited was not put to accused under Section 313 Cr.P.C.--Cannot be looked into evidence against him--Link evidence is missing--Appellant acquitted.; Niku v. State of Punjab, ; 2010(1) Law Herald (P&H) 790