Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Heroine - Recovery of 5 Kgs. from a gag in possession of appellant - S.50 of the Act has no application - S.50 of the Act applies only when contraband is recovered from personal search of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Search and seizure in a public place or a moving vehicle - Provision appended in sub-section (1) of S.42 is not attracted - In such a case even sub-section 2 of S.42 need not be complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43, Criminal Procedure Code, 1973, Section 165 -- Contraband - Search and seizure - Secret information - Not only provisions of S.165 of Cr.P.C. are attracted in the matter of search and seizure but the same must comply with the right of accused to be informed about the requirement to comply with the..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Conviction u/s 18 NDPS Act - Appeal against - Suspension of sentence during pendency of appeal - Search and seizure made by person not authorised - Rival submissions considered - Sentence suspended during pendency of appeal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 13 -- Poppy husk - Recovery of 40 bags from a truck - Recovery effected between sun set and sun rise - Accused opted to be searched in presence of Gazetted officer - DSP called for search - No reason given for calling Police Officer - Nothing on record to show that accused was ready to get his person..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 42, 58, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Contraband recovered on search of house between sunset and sunrise - Accused not present - None of the occupants arrested - Police not obtained search warrant - It indicates that search and seizure was not on basis of any information..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 58 -- A person willfully and maliciously giving false information and so causing an arrest or a search is also liable for imprisonment for a term, which may extend to two years or with fine or both...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Search option - Can be written or oral - There is no requirement of law that search option must be written...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 52, 57 -- Heroine - Recovery of 52 sachets by police when it was on patrol duty - Recovery was sudden - Accused had been given option of search in front of Gazetted Officer or a Magistrate but accused voluntarily submitted himself for his personal search by the Arresting Officer - There is no violation of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Recovery of Charas from bag carried in hand - S.50 of the Act is not applicable as the recovered article cannot be said to be a recovery from the personal search of the accused...........
