Narcotic Drugs and Psychotropic Substances Act, 1985, Section 3(a) -- Recovery of 1195.2 kgs Ketamine Hydrochloride - Challenge as to notification dated 10.2.2011 being issued without complying the requirements set out in S.3 of the Act - Enough material on record with regard to trafficking of Ketamine - S.3(a) of the Act thus satisfied and notification thus, validly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25 -- Recovery of 5 kg poppy husk - Recovery effected from the back seat of tanker/vehicle being driven by driver of petitioner - No evidence on record that registered owner of vehicle had any knowledge about transportation of illegal poppy husk by his driver in his vehicle - Charge framed against owner of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 21 -- Recovery of 750 gms heroin - Commercial quantity - Testimony of raiding party trustworthy and duly corroborated by report of CRCL - All officials witnesses cross-examined at length but defence failed to put any dent to their testimony - They have stated in single voice that contraband weighing 750 gms..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 31(ii) -- Conviction of accused second time for repeated offence - Conviction u/ss 29, 21 of NDPS Act - Recovery of 750 gms heroin - Accused already completed 12 years of incarceration earlier also for the same offence - However, since recovery is commercial quantity, trial Court already taken a lenient view by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 52A -- Bail - Recovery of 650 gms heroin - Even if S.52-A of the Act is not complied with, the same is not a ground for granting bail to an accused where more than commercial quantity of contraband is recovered overlooking the mandate of S.37 of the Act which is a pure question of trial - Application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 6.600 kg ganja - Recovery effected from public place - Case is covered by S.43 of the Act - No prejudice caused to accused due to no, compliance of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Public place - Public place includes any public conveyance, hotel, shop or other place intended for use by or accessible to public...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 6.600 kg ganja - False implication - Search and seizure was made in presence of Gazetted officer and two public witnesses - Seizure list prepared on the spot contemporaneously lends credence to evidence of said witnesses - No motive attributed to police witnesses for false case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35 -- Recovery of 6.600 kg ganja - Conscious possession - Evidence of police witnesses corroborated by two independent witnesses together with chemical examination report proving recovery of contraband from possession of accused - Thus, possession of contraband by accused is proved by cogent, credible and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 5 gms smack - Testimony of official witnesses - All official witnesses stated in one voice that contraband was recovered from accused - Notice u/s 50 of NDPS Act was served upon accused and contents of notice were duly explained to accused - Testimony of raiding party duly corroborated by CFSL..........
