Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 21, Arms Act, 1959, Section 25 -- Contraband - Conviction - FSL report shows that sample was of diazepam and accused `M' cannot justify his possession and is liable under the Act - He was also found in conscious possession of a revolver and thus violated the provisions of Arms Act - Prosecution had obtained..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii), 2(xxiv) -- Cannabis (hemp)/charas - Proof - Held, definition of `cannabis (Indian Hemp)'/Charas under the Act and also within meaning of Single Convention on Narcotic Drugs, 1961 does not provide for percentage of resin in analyzed stuff to prove that same is Charas - Similarly, percentage of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- `Charas' and `cannabis resin' - Assigning correct meaning - Non-consideration of various reports of United Nations office on Drugs and crime including single convention on Narcotic Drugs, 1961 - Placing reliance on text books on medical jurisprudence - Held, Court failed to assign correct meaning to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Charas - Proof - Held, merely because there was no reference of resin contents in report of chemical examiner, contraband recovered cannot be said to not proved as charas...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Charas - Proof - Expert expressed opinion that after conducting required tests, he found resin present in stuff and as charas is a resinous mass and after conducting tests if in opinion of expert, entire mass is a sample of charas - Held, no fault can be found with opinion so expressed by expert nor would..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Charas - Proof - Held, when after observing presence of tetrahydrocannabinol and cystolithic hair, expert arrives at a conclusion that sample contains resin contents, it is more than sufficient to hold that sample is of charas...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Contraband - Sample - Re-testing/re-sampling - Held, a request for re-testing/resampling normally should not be entertained as a matter of course, save and except in extreme exceptional circumstances and for cogent reasons to be recorded by presiding Judge in case an application for the purpose is made by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 50 -- Contraband - Search & seizure - Non-compliance of S.50 - In spite of having sufficient time to arrange lady as one member of team, no attempt made to get any lady constable from concerned department - Nothing on record to show that any intimation given to accused about right to be searched in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 14.500 kg. - DSP neither signed the case property nor pasted his seal on it - It can be inferred that DSP was not present at the spot or that his signatures on police papers were taken later on...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 14.500 kg. - Held, where recovery is of small contraband, chances of plantation cannot be ruled out...........
