CALCUTTA HIGH COURT
Year of decision: 2017
Details
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..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
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...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
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...........
DELHI HIGH COURT
Year of decision: 2017
Details
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..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
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 against..........
DELHI HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Recovery of 5 gms smack - Reduction of sentence - Accused already undergone 1 year 11 months and 14 days incarceration for possession of 5 gms of smack - Keeping in view the beneficial provision of amended NDPS Act of 2001, sentence awarded to accused reduced to sentence already undergone by him...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 4.800 kg poppy husk - Prosecution proved its case by official witnesses - There are no lacunae in prosecution evidence - Chain of link evidence is complete - Case property remained intact throughout - There are no discrepancies in the statements of witnesses - Accused rightly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 4.800 kg poppy husk - Reduction of sentence - Accused facing the agony of criminal proceedings for the last 12 years - He is sole bread earner of his family and not involved in any other case - Accused already undergone actual sentence of 8 months out of substantive sentence of 5 years..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Contraband - Delay of 30 days in sending sample - Delay in itself is not fatal but it should be explained...........