Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Charas - Recovery of 7 kg. at a busy place - Independent witnesses available but not jointed - Fact that independent witnesses not ready to join mentioned at the fag end of recovery memo whereas it should have been mentioned in the recovery memo at the appropriate place before the search and seizure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of - Seal - Safeguard to be maintained for sanctity of the search - Till despatch of case property to Chemical Examiner/FSL, seal should not be available to the prosecuting agency - In absence of such safeguard, the possibility of seal being tampered with, substance being changed and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Recovery of - Search - Contraband recovered from the clothings of the accused is covered within the meaning of the word 'person' in the context of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 42, 50 -- Smack - Recovery of five packets from pant of accused - Accused searched by officer authorised u/s 42 of the Act - Consent of accused in writing to be searched by that officer - Positive report of FSL - S.50 of the Act duly complied with - Presence of Gazetted Officer in raiding party does not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Charas - Recovery of - Secret information received by Gazetted Officer who took down the information and carried out search and seizure - Officer of Gazetted rank is not required to send information to his Superior Officer u/s 42(2) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section Sections 41, 42 & 50 -- Contraband - Recovery from scooter - Search carried out in violation of provisions of law - Has a bearing on the credibility of evidence of official witnesses which is to be considered on the facts and circumstances of each case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Recovery from scooter - Before seizure of contraband from scooter, personal search of accused carried out - Held, provision of Section 50 has to be complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 50 -- Contraband - Recovery from scooter - Search carried out in violation of provisions of law - Has a bearing on the credibility of evidence of official witnesses which is to be considered on the facts and circumstances of each case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Recovery from scooter - Before seizure of contraband from scooter, personal search of accused carried out - Held, provision of Section 50 has to be complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Provision is mandatory - Non compliance of the same vitiates the conviction...........
