Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50 -- Recovery of poppy straw - Search & seizure - Raid was conducted after sun rise - Accused unable to show that there was any other family members in the house at that point of time - Accused were in exclusive possession of property - Search was conducted in the presence of DSP who had also put his seal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 16 -- Recovery of poppy straw - Conscious possession - Non-joining of independent witness - Official witnesses explained that no one was ready to join the raid against fellow villagers and that statement can be accepted as it has been seen that no one would like to depose against their own people on account..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 16 -- Recovery of poppy straw - Reduction of sentence - Accused convicted and sentenced to 12 years R.I - Sentence reduced to 10 years considering the quantum of contraband...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 2 kg. - Conviction on the basis of official witnesses - Official witnesses having no animus or hostility against appellant prior to the day of recovery - Contention repelled that testimony of official witnesses cannot be relied for want of corroboration by evidence of independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Charas - Recovery of 2 kg. - Recovery from bag carried by accused in his hand - S.50 of the Act is not applicable as recovery is not from personal search of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Charas - Recovery of 2 kg. - IO complied with compliance of S.55 of the Act - However, S.55 of the Act is only directory and even non compliance of it cannot be said to cause any prejudice to the accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 2 kg. - Accused convicted and sentenced to 12 years RI and to pay fine of Rs.1.50 lakhs - Accused in jail for 9 years - Sentence reduced to 10 years and fine reduced to Rs.1 lakh keeping in view the age, antecedents of appellant and quantity of contraband...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Contraband - Chemical examiner only found that exhibits belonged to poppy plant and morphine was detected in them - Report of chemical examiner is silent as to conducting of test to determine the species of plant or percentage of morphine - Merely stating that morphine was found in the seized contraband..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Bail - Recovery of 40 injections from medical store - One strip containing 5 injections of Buprenorphine sent to Chemical Examiner - Question whether injections/medicine recovered from petitioner falls within provisions of NDPS Act, stands referred to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Compliance of S.50 of the Act - Word `Magistrate' missing from the notice u/s 50 of the Act and thus caused prejudice to accused - Recovery vitiated - Accused acquitted...........
