Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17, 36(A)(4) -- Default bail - Recovery of 1 kg 277 gms opium - Contraband recovered from accused is less than commercial quantity but more than small quantity - Offence in question would be punished with R.I for a term which may extend to 10 years - Charge sheet..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Bail - Offence u/ss 15, 25 NDPS - Recovery of 54 kgs poppy husk - As per petitioner, alleged recovery is slightly more than the quantity prescribed for commercial category and said recovery has been made from both the accused persons that too from a car -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search in presence of Magistrate or Gazetted Officer - Not required if person to be searched not so desires, after being informed of his right in this regard...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 25 gms cocaine - Provisions of S.50 of the Act are mandatory and must be strictly complied...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Recovery of 25 gms cocaine - Non-joining of independent witnesses - Accused was apprehended from a crowded spot and there were number of establishments nearby - There is thus, no dearth of public witnesses - Testimony that certain passers by at a red light and at the spot were asked to join proceedings..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Recovery of 25 gms cocaine - There is no inconsistency in testimonies of PWs regarding recovery of contraband from pocket of trouser worn by accused - As regarding recovery of mobile phone, though there is inconsistency in testimony of PWs, however, it cannot raise any doubt as to possession of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 14 injections of Buprenorphine and 10 injections of Pheniramine Maleate - Challan presented and charges framed - Petitioner is in custody since 6.8.2019 and has undergone incarceration of about 5 months and 7 days - Trial of case may take some time in..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 70 injections of Buprenorphine I.P Omgesic 2mls each and 30 injections of Avil 10ml each - Buprenorphine falls under Drugs and Cosmetics Act and salt has not been included in Schedule I of NDPS Rules - Even,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 7 kg opium - Recovery effected from a package being carried by accused in his hand at a public place - Provision of S.42 of the Act thus not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Recovery of 7 kg opium - Nothing on record to satisfy as to what were specimen seal impressions which were allegedly forwarded by I.O to FSL along with samples of contraband - Link evidence pertaining to sanctity of sample is breached - Accused rightly acquitted...........
