Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 60 kg Ganja - Evidence of prosecution neither clinching nor un-impeachable on the aspect of safe custody of Ganja from time of seizure till production in Court - Manner as provided u/s 55 of the Act not followed by PW3 - No corroborative evidence comes from source of police station - Person who..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 60 kg Ganja - Credibility of two official witnesses whom prosecution relies does not inspire confidence - Such doubtful and untrustworthy testimonies cast shadow about presence of two accused at the time of detection particularly when another case was detected after one hour and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25 -- Recovery of 42 kg opium - Recovery effected from vehicle in question - A-2 implicated in the case after 1-1/2 years of incident on the basis of agreement to sell, as A-2 alleged to be ostensible owner of vehicle - However, said agreement to sell not proved - No evidence on record that A-2 is registered..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 25 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 344 gms 900 gms poppy straw - Accused was not present in vehicle when seizure was made - Strong grounds available to accused so as to challenge judgment of conviction -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 27A, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of Rs.39.30 lacs reserved for narcotic business - Co-accused already granted bail - Petitioner has no criminal background - Petitioner is in custody since Feb 2018 - Charges have been framed and only 4 PWs examined out of 25 PWs -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22(c) -- Bail - Offence u/ss 21, 22(c) NDPS Act - Recovery of 75 boxes of Tramadol Hydrochloride containing 18750 tablets - Petitioner is not involved in any other case under NDPS Act - Even, petitioner is in custody for last 01 year, 02 months and 07 days -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of 50 kg poppy husk - Non-commercial quantity - Both petitioners are first offenders and not involved in any other case - Challan stands presented - No PW is examined so far and it will take long time in conclusion of trial - Petitioners thus,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 25, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused convicted u/ss 8/18 and 8/25 of NDPS Act - Accused undergone of more than half of actual imprisonment - Early disposal of appeal appears unlikely - Sentence of accused thus, suspended with..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of Tarmoset containing Tramadol - Contraband was found at petitioner`s residence which is not authorised premises under the license - However, during inspection by DCO, although it was found that petitioner is having permission/licence under Drugs..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 300 tablets of Buprenorphine - As per report of FSL, total quantity of prohibited substance Buprenorphine found in entire recovery is only 0.594 grams, which is less than even small quantity prescribed for substance -..........
