Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy straw - Recovery effected from car which was found struck in fields after having met with an accident with tractor - Material contradictions regarding quantity of contraband recovered from car - No recovery effected from possession of accused - `S' who is alleged to report an accident..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Expression `any officer' attached to departments referred to in S.42 of the Act are empowered to effect search and seizure in a public place - Reference to S.42 of the Act is to qualify departments to which officers are attached and does not refer to rank or post of said officer...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Applicability of notification issued by State of W.B u/s 42 of the Act - Recovery effected from the bag carried by co-accused in a public thoroughfare - Seizure of narcotic substance in said manner does not attract provision of S.42 of the Act, but was effected u/s 43 of the Act thereof -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43, 42, 50, Criminal Procedure Code, 1973, Section 439(2) -- Contraband - Commercial quantity - Cancellation of bail - Recovery effected from a bag carried by co-accused in his hand on a public road and not from his person/body - Seizure of narcotic substance by ASI of police is not without authority of law or..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of 3 gms heroin - Commercial quantity - Prima facie material disclosing recovery of narcotic substance above commercial quantity i.e 3 gms of heroin from petitioner - Recovery effected from petitioner pursuant to search conducted by a Sub..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kg charas - Recovery effected from bag which accused kept in her lap - It was not recovered from search of her person - S.50 of the Act is not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(2) -- Recovery of 2 kg charas - Two lady accused sitting in compartment of Train found in possession of charas - Accused searched at platform - They failed to show any license for the same - No infirmity in the evidence of PW2, independent witness - Non-mentioning of child of accused in recovery memo who was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 23 -- Recovery of 1 kg 350 gms Charas - Non-joining of independent witness - Prior information - Search team was having prior information of contraband at 8 p.m - However, they reached the railway station at about 10 p.m - Railway station is at a distance of 10-15 minutes - Search team spent more than one..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 23 -- Recovery of 1 kg 350 gms Charas - Recovered charas was not sealed till next day of recovery, as there was no weighting machine on the spot and same was handed over to Guard - Contraband remained unsealed in possession of a Guard, who is also a recovery witness, for the whole night - Even no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg 350 gms Charas - Applicability of S.50 of the Act - Illegal charas was recovered from accused from wallet he was carrying, not recovered from his person - However, personal search of accused is also conducted - S.50 of the Act is applicable...........
