Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(a), 21(b) -- Mixture of Narcotic drug with one or more neutral substance - Quantity of neutral substance not to be taken into consideration to arrive at a conclusion whether it is small or commercial quantity...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Ganja - Recovery of 10.100 kg. - Doubtful as to whether sample packets were prepared out of the substance alleged to have been seized from the accused - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Parole - Conviction under NDPS Act - Accused sentenced to 10 years RI - Accused serving sentence of 9 years and seven months - Seeking parole for four month to repair house - Parole of one month granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(ii)(b) -- Ganja - Moisture content not required to be separately ascertained and excluded - Weight of contraband would be the weight taken at the time of seizure...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Contraband - Conscious possession - Accused persons were sitting atop gunny bags containing the contraband articles - No question put with regard to possession or conscious possession in examination of accused u/s 313 Cr.P.C. - Conviction set aside - A..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 15 -- Contraband - Conscious possession - Accused persons were sitting atop gunny bags containing the contraband articles - This shows possession of bags - Once possession is established the person who claims that it was not in conscious possession has to establish it, because how he came to be in possession..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 2.50 kg. - Accused served with partial notice - Evidence of official witnesses not corroborated by independent witness - Delay of eight days in sending sample for analysis and delay not explained - Complete link evidence not established - Case property and sample not produced before..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Offence under NDPS Act - In additional to the principles applicable for grant of bail in an offence under IPC the relevant provision in the special statute in this regard has to be kept in view...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Offence under NDPS Act - Besides giving an opportunity to the Public Prosecutor to oppose the application for bail, the other conditions are (i) the satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence; and (ii) that he is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Offence under NDPS Act - Satisfaction contemplated regarding accused being not guilty, has to be based on 'reasonable grounds' - It means something more than prima facie grounds - It connotes substantial probable causes for believing that the accused is not guilty of the offence he is charged with -..........