TaxTMI 
TaxTMI 
2017 (12) TMI 1507
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.... 8(c) r/w 27(A), 8(c) r/w 28 & 8(c) r/w 29 of NDPS Act, 1985 amended by Act 9/2001. The case of the prosecution is that the appellant/accused was found in possession of 2.825 kgs. of heroin. Samples were collected and sealed. Summons were served on the appellant u/s.67 of the NDPS Act and his voluntary statement was recorded. Appellant/A2 was arrested and remanded to judicial custody. 3. Before the trial Court, the prosecution examined nine witnesses and marked 65 exhibits. None were examined on behalf of the defence nor were any exhibits marked. On appreciation of materials before it, trial Court, under judgment dated 09.01.2014, while acquitting the appellant/A2 of offences u/s.8(c) r/w 28 and 8(c) r/w 29 of NDPS Act convicted him for of....
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....e report had come to Court 7 years after the occurrence. Learned counsel contended that in circumstance where there was no definite proof of the quantity of heroin in the contraband seized, the offence would fall only under Section 21(b) and not under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. On such consideration, Court below would not have imposed the maximum sentence of ten years for which such offence was punishable. 6. Learned Special Public Prosecutor (NDPS Cases) clarified that the quantitative analysis report was marked by the defence during the cross-examination of PW-1 and before examination of the investigating officer, PW-8. The Special Judge had made requisitions both for qualitative and quanti....
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....he rival submissions. 8. Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 reads thus: "21. Punishment for contravention in relation to manufactured drugs and preparations. - Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable,- (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention invol....
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....to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf. (4)This section applies to the following Government scientific experts, namely:- (a) any Chemical Examiner or Assistant Chemical Examiner to Government; (b) the Chief Inspector of- Explosives; (c) the Director of the Finger Print Bureau; (d) the Director, Haffkeine Institute, Bombay; (e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory; (f) the Serologist to the Government. (g) any other Government Scientific Expert specified, by notification, b....