Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 7 kg charas - Material contradictions in the testimony of complainant and official witness PW4 regarding search and seizure of contraband - Failing to associate independent witness in such situation creates dent in the prosecution case - High Court failed to appreciate the recovery of knife at..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Suspension of sentence during pendency of appeal - Offence under NDPS Act - Accused sentenced to R.I for a period of 10 years plus fine - Out of total sentence of 10 years, accused already undergone more than 4 years of actual sentence - Sentence suspended during..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time to file charge sheet - Submission of a valid report of Public Prosecutor indicating progress of investigation and disclosing specific reasons for extension of period of detention is a sine qua non for extension of period of detention u/s..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 18, Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Recovery of 350 kg opium shells - Commercial quantity - Charge sheet not filed within statutory period of detention of 180 days as prescribed u/s 167(2) Cr.P.C - No application for extension of statutory period up to one year was made in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63 -- Confiscation of vehicle - Court alone has jurisdiction to confiscate vehicle seized under NDPS Act - No officer or police or Excise Department is vested with power of confiscation of vehicle under the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63, Criminal Procedure Code, 1973, Section 451 -- Confiscation of vehicle - There is no provision under the Act, which empowers trial Court to make an order for granting interim custody of conveyance confiscated under the Act pending trial - However, Court can invoke general provision of S.451 Cr.P.C. for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle seized under NDPS Act - Vehicle seized under NDPS Act can be released to interim custody of registered vehicle owner u/s 451 Cr.P.C., even if accused himself is registered owner...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle seized under NDPS Act - If accused himself is the registered owner, vehicle can be released to accused only after taking appropriate bond and also bank guarantee equivalent to value of vehicle - However, if registered owner claiming..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63 -- Confiscation of vehicle - When any conveyance used for carrying narcotic drug or psychotropic substance is liable to confiscation, confiscation order can be made by Court only at the end of trial after hearing person who may claim any right thereto and considering evidence, if any, which he may..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 3(a), 3(b) -- Word - `and' appearing in between Clause (a) and Clause (b) of S.3 of the Act should be read as `or' and two clauses need to be given a disjunctive reading so as to give effect to intention of legislature lest S.3(a) of the Act would be rendered otiose...........
