Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 101 kg doda chura - SHO not regularly posted as SHO but having charge thereof in absence of regular SHO is competent u/s 42 of the Act to undertake proceedings under the Act - Such proceedings do not vitiate merely by reason that recovery officer was not posted as regular SHO at police station...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 101 kg doda chura - Samples allegedly taken from recovered substance properly packed and sealed and sent to FSL in same condition - All samples found intact bearing same impression of seal - Merely because no control or second samples were taken from recovered substance, it cannot be held..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 101 kg doda chura - Testimony of official witnesses - No efforts made by PWs to associate independent witnesses - However, statement of official witnesses otherwise reliable and there is no animosity established against them by accused - Recovery, held, proved...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 101 kg doda chura - Provision of S.57 of the Act duly compiled with and a detailed report as required under the provision was sent by SHO to his higher officer along with report of copy of FIR and recovery memo - Even otherwise, provision of S.57 of the Act is not mandatory...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Evidence Act, 1872, Section 27 -- Recovery of 101 kg doda chura - Accused cannot be convicted merely on the basis of information given by co-accused during investigation u/s 27 of Evidence Act - Moreover, recovery effected from houses of accused, in the absence of experts report, cannot be connected in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Contraband - Possession - Need not be physical possession but can be constructive, having power and control over article in question - Even though another person is having actual physical possession of articles but if the accused has the power or control over such articles and the other person..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), Motor Vehicles Act, 1988, Section 179 -- Recovery of 120 kgs ganja - Commercial quantity - Transportation of ganja - Petitioners were in front vehicle performing role of escorting the second vehicle in which contraband was found - Non-stopping of vehicles in spite of signal, speeding away the..........
Criminal Procedure Code, 1973, Section 427, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 27(b)(ii), Drugs and Cosmetics Act, 1940, Section 28 -- Concurrent running of sentences - Offence u/ss 22, 27(b)(ii) of NDPS Act and S.28 of D&C Act - Accused was earlier convicted u/s 22 of NDPS Act and subsequently convicted u/s 27(b)(ii) NDPS Act and S.28 of D&C..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 80.600 kg poppy husk - Independent witnesses not supported the prosecution case - Contradictions were found in the statements of police officials with regard to search and seizure of contraband, which shrouds clouds of suspicion over the case of prosecution as to whether in fact contraband was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 23 -- Recovery of 8.700 kg hashish - Secret information - Parcel destined for Israel recovered at DHL office - None of PWs disclosed as to when and how accused was arrested and by whom - No witness to arrest of accused produced - Various discrepancies regarding recovery of case property - Exact..........
