Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search of accused must be carried out in presence of Gazetted Officer or Magistrate only - Question of giving a third option of search being conducted by a member of police party, none of whom are Gazetted Officer, does not arise - However, where accused voluntarily expresses his willingness..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 50 -- Bail - Offence u/s 21 NDPS Act - Non-compliance of S.50 NDPS Act - Petitioner given option for search by a `gazetted police officer' - It amounts to violation of S.50 NDPS Act as it is a limited offer instead of Gazetted Officer, search was conducted by a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 21.500 kg poppy husk - Search option given of search before Gazetted Police Officer - No such search option in the provision - It is violation of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of charas - Non compliance of S.50 of the Act - Police became apprehensive and started search of person of accused - Mid way of the search accused was informed that she has right to be searched in the presence of a Gazetted Officer or a Magistrate - No consenting letter prepared at the spot - This..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Recovery of 18 gunny bags of poppy straw - Search and seizure proceedings were conducted by Sub-Inspector, who was not SHO of concerned police station, in clear negation of S.42 of NDPS Act - Third option given u/s 50 of NDPS Act,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 1 kg Ganja - Search and seizure - No evidence on record that police ever made any report u/s 57 of the Act, which was sent to higher authorities - This violation itself may not be treated detrimental to prosecution case single handily, but if coupled with other infirmities, it will be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1.500 kg charas - Non-compliance of S.50 of the Act - Recovery effected from bag of accused - It was not necessary for police to conduct personal search of accused - However, personal search of accused was carried out - Neither accused were apprised of their legal right to be searched before a..........
Criminal Procedure Code, 1973, Section 438, Essential Commodities Act, 1955, Section 7, 25(1) - - Anticipatory bail - Violation of provision of S.25(1) of Fertilizer Control Order, 1985 punishable u/s 7 of Essential Commodities Act, 1955 - As per Clause 15 of the Punjab Light Diesel Oil and Kerosene Licensing Order, 1978, no police official below the rank of Inspector has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of - Conviction - Seal after use handed over to police official inspite of the fact that independent witness joined investigation - CFSL form not prepared at the place of recovery and not deposited in Malkhana - Also violation of S.50 of the Act as only partial offer of search given..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Poppy husk - Recovery of - Search - Option of - Accused not informed about his right to be searched before a Gazetted Officer or a Magistrate - Offer given as to `Gazetted Police Officer' - This is partial offer - It amounts to flagrant violation of the mandatory provision of S.50 of the Act - Accused..........
