Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 10,000 tablets of tramadol hydrochloride - Debatable question arises in the case as to whether petitioner was picked from his shop in the morning or as to whether he was arrested later in the day from a different place while in possession of..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 6, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Parole - Offence u/s 22 NDPS Act - Petitioner involved in other three cases under NDPS Act - Likelihood of his involvement in similar offence while on parole is not be taken as active and real apprehension of threat to security of..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 6, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Parole - Offence u/s 22 NDPS Act - Expression `sufficient cause' - Petitioner claims parole on two grounds:- (i) to take care of aged parents; (ii) house needs repair - Claims verified by Municipal Councilor - Reasons given by..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17 -- Bail - Offence u/s 17 of NDPS Act - Recovery of 500 grams opium from possession of petitioner and 1 kg of opium from car - Recovery of contraband is less than commercial quantity - Even, S.37 of the Act is not applicable - Keeping in view nature of accusation,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg 750 gms opium - Non-examination of ASI to whom SHO handed over case property - SHO handed over case property to ASI for production before Court - After producing same, he returned the case property to SHO with seals intact - ASI was not in possession of seals either of I.O or of SHO -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg 750 gms opium - Search and seizure - Non-examination of ASP in whose presence search and recovery was effected - ASP summoned number of times but either service was not effected or as and when he was served, he sent a request for exemption from personal attendance stating valid reasons -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg 750 gms opium - Non-examining of independent witness - Though efforts were made to join independent witness, but none were available - Mere fact that case of prosecution is based on evidence of official witnesses, does not mean that same should not be believed - Non-examination of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of huge quantity of poppy straw - Quashing of FIR - FIR cannot be quashed merely on the ground that it was false, as police have not found involvement of petitioners in another FIR - Contents of FIR do constitute a prima facie case against petitioners - FIR cannot be quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Illicit article seized from person during personal search conducted in violation of safeguards provided in S.50 of the Act, cannot be used as admissible evidence of proof of unlawful possession of contraband...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 11.800 kgs Ganja - When search is conducted by detecting officer, who is a gazetted officer himself, S.42 of the Act has no application - S.42 of the Act would be invocable only if search is made by officer upon prior information...........
