Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Compliance of S.50 of the Act - Mandate of S.50 the Act is confined to `personal search' and not to search of a vehicle or a container or premises...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 bags of poppy husk - Recovery effected from vehicle which was being driven by accused with other accused accompanying him - Presence of accused persons and possession of contraband material therefore, stood completely established - Order of conviction passed by trial Court held, restored -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - Production of case property in Court - If seizure is otherwise not in doubt, there is no requirement that the entire material ought to be produced before Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - If seizure is otherwise proved, what is required to be proved is the fact that the samples taken from and out of the contraband material were kept intact, that when the samples were submitted for forensic examination the seals were intact, that the report of the forensic..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - Seizure memo - Proof - Signature of accused - At no stage even a suggestion was put to the witness that either the signatures of the accused were taken by fraud, coercion or mis-representation or that the signatures were not of the accused or that they did not understand..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 18 -- Recovery of 12 kg opium - Investigation of case was conducted by I.O not holding substantive rank of Sub-Inspector and thus, was not competent to carry out investigation of case, which would be per se illegal and has affected prosecution case, rather it has vitiated trial - Trial Court noted various..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 23, 24 -- Grant of bail despite denial during previous Court hearings - Challenge as to - Ground of misconduct on part of Judicial Officer - Enquiry officer, disciplinary authority as well as the High Court failed to consider fact that Additional Public Prosecutor, appeared on behalf of State did not oppose..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 160 vials of cough syrup - Delay of five days in sending samples to FSL - Samples reached FSL duly sealed and not tampered with - Delay of five days in sending sample thus, has no effect on merits of case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 160 vials of cough syrup - Search, seizure and sampling were completed at the spot - Notice u/s 50 of NDPS Act was served but it was not required, as recovery was effected from vehicle of accused - Though no independent witness joined but fact of matter is that statements of official witnesses..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 8(c), 17(c), 21(c), 22(c), 29, 35 -- Default bail - Offence u/ss 8(c), 17(c), 21(c), 22(c), 29, 35 of NDPS Act - Accused arrested and in judicial custody for more than 300 days - Prosecution did not file an application u/s 36-A(4) of NDPS act praying for..........
