Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 250 gms opium - Search and seizure - Neither Muddamal nor sample packet returned from FSL were exhibited - There is no satisfactory material available on record which can satisfy Court that seizure of contraband opium was actually effected by Seizure Officer during personal search of accused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25 -- Recovery of 42 kg opium - Recovery effected from vehicle in question - A-2 implicated in the case after 1-1/2 years of incident on the basis of agreement to sell, as A-2 alleged to be ostensible owner of vehicle - However, said agreement to sell not proved - No evidence on record that A-2 is registered..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 25 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 344 gms 900 gms poppy straw - Accused was not present in vehicle when seizure was made - Strong grounds available to accused so as to challenge judgment of conviction -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 25, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused convicted u/ss 8/18 and 8/25 of NDPS Act - Accused undergone of more than half of actual imprisonment - Early disposal of appeal appears unlikely - Sentence of accused thus, suspended with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29 -- Recovery of 36 quintal 95 kg and 300 gms poppy straw - Framing of charge - Recovery effected from truck - Petitioner was not apprehended with truck in which contraband was being plied - He was found involved in the case as being person, which was escorting truck in a Bolero vehicle/car - However, no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Contraband - Call detail between petitioner and main accused at the time of recovery is very much available on record, which clearly shows involvement of petitioner - Prima facie there is sufficient evidence available on record against petitioner for framing charge against him - Order framing charge..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25 -- Recovery of 361.300 kgs poppy straw - Offending vehicle from which contraband was recovered was being driven by accused/registered owner himself - Nothing is available to show that accused allowed third person to use his vehicle for commission of offence under the Act - Accused held, not responsible for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 439, Criminal Procedure Code, 1973 -- Bail - Recovery of 76 kg poppy husk - Seizure officer first took 500 gms of poppy husk from each bag, then he mixed the same and thereafter took samples from that mixture - He thus, did not collect separate samples from each bag - Even, test by U.N. Kit was also not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, 29, 27(B)(ii), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of tablets, capsules and cough syrups containing narcotic substance - Recovery effected from possession of co-accused - Police during investigation recovered two slips/receipts one of them was written by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 4.100 kg cannabis plants - Reduction of sentence - Accused had undergone a period of 2 months incarceration out of total period of 3 years imprisonment so also suffered agony and trauma of protracted trial - He is a first offender - Recovery is below commercial quantity - It will be just and..........
