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...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 11.800 kgs Ganja - Chance recovery - PW1 specifically stated that he had no information regarding transportation of ganja - S.42 of the Act thus, has no application in the absence of any personal knowledge or information by detecting officer - Question regarding non-compliance of provision of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 11.800 kgs Ganja - Chance recovery - PW1 has not given any evidence regarding search of body of accused - However, Mahazar shows that he had searched body of accused and no contraband article was found on such search - Ganja was seized from suitcase which was found in possession of A-1 and bag..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Independent witnesses not supported prosecution case - However, they signed mahazar at the spot of occurrence and excise officers were present there - Hostility of independent witnesses thus, cannot persuade Court to find that prosecution case is false...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Delay in producing material objects before Court - PW1's evidence that he produced the accused and material objects before Court on 19.9.2009 - Evidence of PW1 in this regard remains unchallenged and is corroborated by facts that documents including crime and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 11.800 kgs Ganja - Report made by PW1 u/s 57 of the Act to PW5, his immediate superior officer was got marked - There is thus, compliance of provision of S.57 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Conscious possession - Commercial quantity was recovered from accused - Suitcase which contained ganja was on lap of A-1 - Bag which contained ganja was below the seat of driver/A-2 of autorickshaw - Accused thus, was in conscious possession of contraband - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms opium - Search and seizure - Suspected contraband was found and seized from pocket of shirt worn by accused - Search was a personal search and thus, Seizure Officer was under an obligation to comply with mandatory requirements of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms opium - Search and seizure - Personal search of accused - I.O casually conveyed accused that he could be searched before a Gazetted Officer or a Magistrate - No attempt was made to apprise accused of existence of a right to be searched before either of two - Notice given to accused is..........
