Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of Tarmoset containing Tramadol - Contraband was found at petitioner`s residence which is not authorised premises under the license - However, during inspection by DCO, although it was found that petitioner is having permission/licence under Drugs..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 300 tablets of Buprenorphine - As per report of FSL, total quantity of prohibited substance Buprenorphine found in entire recovery is only 0.594 grams, which is less than even small quantity prescribed for substance -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 271 gms intoxicating powder - Applicability of S.50 of the Act - S.50 of the Act comes into play when person has to be searched...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 271 gms intoxicating powder - Search and seizure - Non-compliance of S.50 of the Act - Recovery effected from personal search of accused - Arresting Officer however, failed to apprise accused of his legal right to be searched before a Gazetted Officer or Magistrate - There is thus, no,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg heroine - Illegal offer - Mere fact that an illegal offer was given, which was not accepted by accused, would not amount to non-compliance of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 1 kg heroine - Search and seizure - Search conducted in a public place - Provisions of S.43 of the Act would be applicable - S.42 of the Act would have no applicability...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg heroine - Non-compliance of S.50 of the Act - Search was conducted by DSP, who was a Gazetted Officer - Said search was carried out after accused had been duly apprised that he had legal right to get his search conducted from a Magistrate or by a Gazetted Officer - Accused had reposed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Recovery of intoxicant capsules and tablets - Search and seizure - Recovery effected from cardboard box in possession of accused `H', which was proved by PWs - Case property remained intact and was not tampered with after recovery - PW2 and PW3 had categorically deposed that Form M-29 was prepared at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Recovery of intoxicant capsules and tablets - Search and seizure - Accused `S' was not apprehended at the spot nor he was arrested during investigation - PW3/inspector stated that he has seen accused `S' in Court during trial and before that he never seen him - No confessional statement was got..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 29, Criminal Procedure Code, 1973, Section 228 -- Recovery of heroin - Jumbled up charge - 3.5 kg heroin was recovered from accused `A' and 50 kgs of heroin recovered from rented premises of accused `D' - Trial Court framed jumbled up charge combining both the recoveries together - However,..........
