Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 22 kg 700 gm cannabis - Non-compliance of S.42 of NDPS Act - Place of occurrence is a public place - Instead of provision of S.42 of the Act, provision of S.43 of the Act is applicable - There was thus, no requirement to record information in writing and satisfaction as contemplated u/s 42..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 22 kg 700 gm cannabis - Applicability of mandatory provision of S.50 of the Act - Recovery effected from the bags kept on scooter after being searched - No question of search of accused is involved in the case - Provision of S.50 of the Act is not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 22 kg 700 gm cannabis - Non-compliance of S.55 of the Act - Search and seizure - PWs stated that seized remaining cannabis samples and scooter handed over to Malkhana - No infirmity in the said statements of PWs - Provision of S.55 of the Act held, complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Recovery of 22 kg 700 gm cannabis - Presumptions of culpable mental state and possession of illicit articles - Accused failed to prove that he had no knowledge about contraband which was kept in two bags on scooter - He failed to establish that he was not in conscious possession of said contraband -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i), 20(b)(ii)(C) -- Nature of offence - Recovery of 22 kg 700 gm cannabis - No failure of justice occasioned by Court below by no, mentioning of S.20(b)(ii)(C) of the Act with charge - Conviction u/s 20(b)(ii)(C) of the Act thus, upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 180 gms brown sugar - Secret information - Information about accused being in possession of brown sugar was neither reduced into writing nor sent to immediate superior officer - Non compliance of S.42 of the Act casts a shadow of doubt on prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29, Evidence Act, 1872, Section 27 -- Disclosure statement - Recovery of 180 gms brown sugar - Discovery made from co-accused as such cannot be construed as a disclosure leading to discovery of any incriminating material - At the best such information can be construed as an information about commission of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 180 gms brown sugar - Search and seizure - When any personal search under provisions of Ss.41, 42, 43 of NDPS Act is required to be conducted on prior information, undeniably S.50 of the Act is applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 180 gms brown sugar - Search and seizure - Notice u/s 50 of the Act though given to accused but SHO concerned while giving option of search being carried out in presence of a Gazetted Officer or a Nearest Magistrate has also given option to be search before himself and eventually carried out..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25 -- Recovery of 180 gms brown sugar - Search and seizure - Recovery effected from house in question - However, motbir of village not accompanied during search - Neither Sarpanch or Secretary of Gram Panchayat nor neighbors were called during search - No evidence on record that accused owed house in question -..........
