Narcotic Drugs and Psychotropic Substances Act, 1985, Section 58 -- False case - In case any police officer falsely or vexatiously launches prosecution against any person, he can also be punished...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25 -- Opium - Recovery of 45 Kgs. - Plea that accused were falsely implicated at the instance of a Police Inspector - Plea not tenable - No Investigator would falsely plant such a huge quantity of opium only to falsely implicate a person...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 28, 18, 35 -- Opium - Recovery of 45 Kgs. while carrying it in a tractor - Three accused convicted - Owner of tractor acquitted as prosecution failed to prove that owner knowingly allowed the accused to use his tractor for transporting the contraband which onus was on prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search - Made in presence of a gazetted officer or a Magistrate - Not sufficient - It is also not sufficient to just ask accused whether he would like to be searched in presence of a gazetted officer or a Magistrate - The requirement is to inform accused of his right to have his person..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- In case of general search or random search by official empowered/authorised under NDPS Act, S.50 is not attracted - But if in course of search they stumble on a contraband, from that point and onwards, they are required to comply with the procedure laid down in the NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- In a routine check of passengers of a train, accused was found in a frightened posture and found some article wrapped & tied around his waist - Accused taken to customs office and there such conducted in presence of Superintendent and recovery of Charas was made - Before making search in the customs office..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 50 bags - Character of I.O. - He had previously implicated the accused in a false case - He also implicated another person in false case - Both were acquitted in those cases - Strictures were passed by two Courts against the said officer - Possibility of false implication cannot be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 450 grams - Appeal against conviction - Prosecution case supported by an independent witness - No reason to disbelieve him - Provisions of Ss.42 and 50 properly complied - Defence plea that accused was got falsely implicated by his in-laws was an afterthought - Conviction not to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 67 -- Heroin - Recovery of 66 Kgs. by Officers of Revenue Intelligence Department - Independent witnesses not joined - It is inconsequential when confessional statement of accused is found to be voluntary...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 67 -- Confessional statements - One day delay in recording - Recovery of 66 Kgs. of heroin by Officers of Revenue Intelligence Department - No allegation of torture or harassment made before the Magistrate before whom they were produced - Accused not knowing Tamil language and a Hindi knowing officer has to..........
