Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Recovery of small quantity of 40 gms ganja - Illegal seizure of vehicle - Vehicle in question was simply driven by driver/accused and in his possession a small quantity of ganja was seen - Vehicle not used for carrying or transporting ganja - Detecting Officer quite mechanically acted without knowing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of smack - Non-association of independent witnesses - No reasonable efforts were made by official witnesses to find independent witnesses so that they may join the search - After following some formality two constables were made independent witnesses and all proceedings were conducted in their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of smack - Non-compliance of S.50 of the Act - Recovery effected on the suspicion that some contraband goods may be in possession and that they tried to run away from the place of incident seeing police party - In such situation provision of S.50 of the Act were required to be followed - Having..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 85, 50 -- Recovery of 50 gms smack - Contents of notice u/s 50 of the Act duly explained to accused before conducting her search - Testimony of Official witnesses that contraband recovered from possession of accused is trustworthy and their testimony coupled with CFSL report brings the case of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 85 -- Recovery of 50 gms smack - Reduction of sentence - Accused convicted and sentenced to 10 years RI - Accused already undergone 3 years and 6 days incarceration for possession of 50 gms of smack - Keeping in view the beneficial provisions of amended NDPS Act of 2001 sentenced reduced to period..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 4 kg charas - Petitioner neither arrested from the spot nor any recovery was effected from him - He was framed in the case on the basis of disclosure statement of co-accused - Petitioner is already in custody since September 2016 but challan..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 42(2) -- Recovery of 95 kgs ganja - Non-compliance of S.42 - Secret information received by inspector of BSF which was passed to Sub inspector without taking any action and Sub inspector after recording same in general diary intimated orally over telephone to his superior - Non-compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 42(2) -- Recovery of 95 kgs ganja - Independent witnesses of recovery - He put his signatures on a paper not knowing as to whether it was a written paper or a white paper or it was a seizure list or something else - His evidence is totally vague - However, evidence of PWs 1, 2, 4, 7 & 8 clearly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Compliance of S.50 of the Act - Recovery effected from inside the car in which accused and co-accused were travelling and not in the course of their personal search - S.50 of the Act not applicable to the case - Non-compliance of the same does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 6 bags of poppy husk - Non-adherence of requisites of S.57 of the Act - I.O at the site after arrest of accused persons and/or seizure of contraband forwarded the information with regard thereto to his higher officer without any delay - Even related FIR with necessary endorsement therein had..........
