Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25 -- Recovery of 361.300 kgs poppy straw - Offending vehicle from which contraband was recovered was being driven by accused/registered owner himself - Nothing is available to show that accused allowed third person to use his vehicle for commission of offence under the Act - Accused held, not responsible for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A(1), Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Special Act providing procedure for dealing in specified goods - Special statute has to be followed by Magistrate - Magistrate does not have jurisdiction to entertain a petition u/s 451 of Cr.P.C. in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 60 kg ganja - Independent witnesses turned hostile - Case is based only on evidence of I.O and other police witnesses - Material contradictions in statements of police witnesses and I.O - Dates are also wrongly mentioned in some of relevant documents - In the Malkhana register also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 439, Criminal Procedure Code, 1973 -- Bail - Recovery of 76 kg poppy husk - Seizure officer first took 500 gms of poppy husk from each bag, then he mixed the same and thereafter took samples from that mixture - He thus, did not collect separate samples from each bag - Even, test by U.N. Kit was also not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 20 gms charas from pocket of shirt which accused was wearing at the time of search - It was a personal search - Compliance of S.50 of the Act was necessary...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 20 gms charas - Personal search - Non-compliance of S.50 of the Act - Police did not inform accused of his right to be searched before a Gazetted Officer or Magistrate - There is thus, no, compliance of mandatory provisions of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 20 gms charas - Secret information - Non-joining of independent witnesses - Despite sufficient time and prior information, no serious effort was made to involve public witness in the process of search and recovery - Non-joining of independent witness in such situation makes whole search..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 20 gms charas - No witness examined in order to prove site map, chick FIR or charge sheet - None of police papers which have been prepared during course of investigation proved and in absence of any proof of those papers they are not admissible in evidence - Proper proceeding for conducting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of seven bags of poppy husk from search of vehicle - Personal search of accused also conducted but did not result in recovery of any contraband - Even if there was any such recovery, the same could not be relied upon for want of compliance of S.50 of the Act - For non compliance of S.50 of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Personal search - Non compliance of S.50 of the Act - Recovery of illicit article seized cannot be used as admissible evidence of proof of unlawful possession of contraband...........
