Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search - Joint communication - Virtually is against the import of S.50 of the Act - Right under said provision is required to be communicated individually in clear and unambiguous terms...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search - Non-compliance of S.50 of the Act - Accused was required to be searched in presence of independent officer - Officer who conducted search of accused was only a member of raiding party and such reposition of faith by accused is contravention of spirit of S.50(1) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of intoxicant capsules and intoxicant powder - Search and seizure - Representative samples not drawn in presence of Magistrate - Said omission goes against spirit of S.52-A of NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(B) -- Recovery of intoxicant capsules and intoxicant powder - Search and seizure - Person who effecting search and seizure, proceeded to investigate offence at a later stage - Said officer was not competent to investigate offence being judge of his own case - In order to have fair and impartial investigation,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(B) -- Recovery of intoxicant capsules and intoxicant powder - Search and seizure - No reason to segregate sample of both the intoxicants - Samples were required to be sent to FSL within 72 hours, as per instructions issued by Narcotics Control Bureau - Non-compliance of the same would render the prosecution..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(B) -- Recovery of intoxicant capsules and intoxicant powder - Accused in first charge sheet found in conscious possession of 180 intoxicant capsules and 220 gms of intoxicant powder - Said charge was amended and accused charge sheeted again and recovered intoxicant capsules reduced from 180 to 160 and there..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 18.85 kg cannabis mixture - Non-joining of independent witness - Independent witnesses were not available despite efforts made by police party - Incident took place at 6.30 pm in the month of January that too on Manali Kulu road, which may lend credence to prosecution version of its..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 18.85 kg cannabis mixture - Contraband parcel was brought to trial Court in a torn condition - However, PWs examined in this regard testified that parcel was in a torn condition due to its bulky nature and also due to nails on stool on which it was kept - No suggestion was given to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 22 kg 500 gms poppy husk - Identity of accused - Accused ran away from the spot by taking benefit of darkness - I.O. and recovery witness deposed in Court that identity of accused, who ran away from spot, could not be established - No test identification parade took place to establish identity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1), (2) -- Recovery of 22 kg 700 gm cannabis - Provisions of S.42(1), (2) of the Act are mandatory in nature - But in special circumstances to record in writing such information and sending a copy thereof to immediate official superior may be postponed for a reasonable period and after search and seizure it..........
