Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3 kg 100 gms charas - Non-examination of independent witnesses - Does not ipso facto entitle one to seek acquittal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 kg 100 gms charas - Narcotics discovered from a backpack - There is no need to examine compliance of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3 kg 100 gms charas - Complainant himself is I.O - Plea of biasness - Mere deficiencies in investigation or chinks in prosecution case cannot be sole basis for concluding bias - Accused have at no stage claimed that there existed an enmity or other motive for police to falsely implicate them..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3 kg 100 gms charas - Search and seizure - Accused admitted that they were present on the spot, some interaction with police had indeed taken place, that there was sufficient cause to stop vehicle and that such search was based not on any prior information but was spontaneous and thus, it was a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37 -- Recovery of 255 gms heroin - Weight of contraband - Recovery effected is marginally more than commercial quantity - Contention of accused that weight of contraband with polythene was 255 gms and if polythene and heroin are weighted separately then recovered contraband would come out to be less than 250..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37 -- Bail - Recovery of 255 gms heroin - Commercial quantity - Accused already approached High Court on two earlier occasion and one petition was withdrawn by him and other was dismissed - There has not been any change in circumstances even since dismissal of such..........
Criminal Procedure Code, 1973, Section 439, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Juvenile - Recovery of 270 gms heroin - Rigors of S.37 of NDPS Act are not applicable to the case in view of non-obstante clause in S.12 of JJ Act - No material furnishing reasonable..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 663 days in filing special leave petition by Govt. - Inordinate delay stated to be "due to unavailability of documents and the process of arranging the documents" - When there is inordinate delay then Govt. or State authorities must pay for wastage of judicial time which has its own value - Such costs can..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Disclosure statement - Recovery of tip of knife - Tip of knife which was recovered on disclosure statement of accused was broken and it was not pointed but blunt - Whether type of stab and incised wound found on body of deceased could have been inflicted by a knife with a broken tip, is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), 22 -- Recovery of charas - Appeal against conviction - Accused acquitted for following reasons: (i) prosecution not produced evidence to prove that recovered contraband was kept intact in malkhana from alleged date of its recovery; (ii) personal search of accused not conducted before a Magistrate or any..........
