Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii) -- Charas - It is not a Cannabis plant, but is resin obtained from it, whereas, Ganja is flowering or fruiting tops of Cannabis plant excluding seeds and leaves...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 256.90 kg Ganja patti - Held, without adverting to merits of case and in view of situation arising due to COVID-19 pandemic, accused released on bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b) -- Recovery of 6.300 kg Ganja - Recovery effected is between small quantity and commercial quantity - Maximum punishment for such offence is 10 years R.I, out of which accused has already undergone 6 years R.I - Order of High Court to the extent of imposing sentence of 6 years R.I in place of 10..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 2.900 kg Ganja - Secret information - Applicability of S.42(2) of the Act - Information received by PW6 was with regard to contraband which was carried while said person was travelling in a vehicle - Sending such a report would become necessary only if detecting officer proceeds to conduct..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2.900 kg Ganja - Non-compliance of S.50 of the Act - Contraband was not seized from person of accused - Though body search of accused might have been done in order to ascertain whether any further offensive article was concealed by him in his person - But ganja was seized from bag carried by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 2.900 kg Ganja - Search and seizure - Oral testimony of officials witnesses have given uniform version with regard to search and seizure of contraband - Though both independent witnesses turned hostile, but they have identified their signatures found in mahazar - Police officials have..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Vehicle involved in transportation of 30 kg 10 gms ganja - Prima facie knowledge of petitioner/owner as to keeping, possession and transportation of ganja in his vehicle stands presumed till finding to contrary is rendered by trial Court - Petitioner failed to show any material on record in arriving..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 149 kg, Ganja from 19 packets - Representative samples not drawn from all the 19 packets - There is non-compliance of procedure of sampling provided under standing order which has statutory force and therefore, accused may not be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 20 kg ganja - Independent witnesses turned hostile - However, police witnesses are reliable and trustworthy - All of them thoroughly cross-examined by defence - There is no allegation of any enmity between police witnesses and accused - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 20 kg ganja - Search and seizure - Samples were seized and sealed sent to FSL established and proved - Merely because there is some clerical error in numbering of sample in memorandum of Superintendent of police, would not make prosecution case doubtful - Provisions of Ss.42, 55 of..........
