Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 11.800 kgs Ganja - Chance recovery - PW1 specifically stated that he had no information regarding transportation of ganja - S.42 of the Act thus, has no application in the absence of any personal knowledge or information by detecting officer - Question regarding non-compliance of provision of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 11.800 kgs Ganja - Chance recovery - PW1 has not given any evidence regarding search of body of accused - However, Mahazar shows that he had searched body of accused and no contraband article was found on such search - Ganja was seized from suitcase which was found in possession of A-1 and bag..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Independent witnesses not supported prosecution case - However, they signed mahazar at the spot of occurrence and excise officers were present there - Hostility of independent witnesses thus, cannot persuade Court to find that prosecution case is false...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Delay in producing material objects before Court - PW1's evidence that he produced the accused and material objects before Court on 19.9.2009 - Evidence of PW1 in this regard remains unchallenged and is corroborated by facts that documents including crime and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 11.800 kgs Ganja - Report made by PW1 u/s 57 of the Act to PW5, his immediate superior officer was got marked - There is thus, compliance of provision of S.57 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Conscious possession - Commercial quantity was recovered from accused - Suitcase which contained ganja was on lap of A-1 - Bag which contained ganja was below the seat of driver/A-2 of autorickshaw - Accused thus, was in conscious possession of contraband - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms opium - Search and seizure - Suspected contraband was found and seized from pocket of shirt worn by accused - Search was a personal search and thus, Seizure Officer was under an obligation to comply with mandatory requirements of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms opium - Search and seizure - Personal search of accused - I.O casually conveyed accused that he could be searched before a Gazetted Officer or a Magistrate - No attempt was made to apprise accused of existence of a right to be searched before either of two - Notice given to accused is..........
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 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 90.5 gms heroin - Quantity recovered is less than commercial quantity as per notification applicable but greater than small quantity - Rigors of S.37 of NDPS Act thus, not applicable - Petitioner is in custody since Mar 2019, he is a Nigerian..........
