Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Contraband - Charge sheet filed without FSL report within time period as per law - Non-filing of FSL report with charge sheet does not fall within the realms of S.173(2) of Cr.P.C. - Moreso, amount of quantity recovered from accused is of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, Arms Act, 1959, Section 3, 25 -- Recovery of 10 kg opium and firearms - Seals affixed upon contraband so seized by police authorities were intact when sent for FSL - Provisions of Ss.42, 50 of the Act are not attracted in the case - No cause is made out for interference in impugned judgment of conviction..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 27A, 36A(4), 37 -- Default bail - Recovery of contraband - Delay in sending samples to FSL and delay in receipt of FSL report - In FSLs concerned, where despite sufficient manpower being available yet for delayed examinations of the stuff inside sample cloth parcels, as become transmitted thereto,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of Charas and Poppy straw - Search and seizure - No material on record that samples were kept in safe custody after they were brought in Police Station till the time they were deposited with FSL - Two different stories emerge with regard to search of vehicle and recovery of contraband -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 75 intoxicant bottles of Wincriex - 100 ML - Petitioner has been in custody for over a year - Though charges have been framed, evidence of prosecution yet to begin - Petitioner is not involved in any other case under NDPS Act - Point raised..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Recovery of 35 strips of Spasmo Proxyvan capsules - As per FSL report said drug contains substance `Tapentadol' which is not manufactured drug and this drug does not even figure in the Schedule to NDPS Act - Drug recovered neither qualifies to be a manufactured drug/narcotic drug nor does it qualify to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 600 gms Charas - Search and seizure - Necessary procedure as required under the Act has also been found to be adopted - NCB form was partially filled on the spot by I.O - Recovered contraband in sealed packet was produced before SHO who after satisfying himself resealed the same - Nothing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 22, 50 -- Recovery of 1 kg 490 gms charas - Search and seizure - Neither intimation is sent to Superior Officer, nor any entry is made in the station diary - PW9 has sent 40 gms of muddamal to FSL whereas, as per letter of FSL, it has received only 28.526 gm - No explanation as to difference in weight is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence u/s 20(b) of Act of 1985 - Challan filed without FSL report - Not a complete challan - Accused is entitled to default bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Report of FSL is a public document and admissible in evidence - There is no requirement to call Director of that Laboratory to get report proved - Report on record shows that sample sent to it was found to be charas - Remaining recovered charas was produced..........
