Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b) -- Recovery of 115 intoxicating tablets - Appellant is facing prosecution for the last more than 4 years - He has already undergone sentence of 2 months out of total sentence of 6 months - Appellant is a young man aged about 27 years and is sole bread winner of the family - He was never involved in any..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18(c), 29 -- Bail - Contraband - Non-commercial quantity effected from a parcel booked by co-accused - No contraband was recovered at the instance of petitioner - Veracity and admissibility of disclosure statement if any suffered by co-accused against..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29, Indian Penal Code, 1860, Section 279, 336, 427 -- Bail - Contraband - Contraband recovered from abandoned car which was found to be registered in the name of petitioner - Plea of petitioner is that he had already sold the said vehicle to one `H'..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Contraband - Contraband involved consists of 13.288 kilograms of ganja, which is classified as non-commercial quantity - Specific allegations against petitioner were made by co-accused in their confessional..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, 29, Indian Penal Code, 1860, Section 420, 465, 468, 471, 120B, Arms Act, 1959, Section 25 -- Bail - Contraband - Cheating - Petitioner has already suffered incarceration for a period of more than 5 years, 4 months and 19 days - Investigation was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of provision of S.52-A of the Act - Seized contraband was not properly sealed - Keeping of seized contraband by PW3 in a separate room in his office for 15 days could give rise to an allegation that seized contraband was by itself substituted and some other items planted to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Applicability of S.42 of the Act - If a private conveyance is parked inside private premises, protection of S.42 of the Act is available and therefore, there was no need for legislature to separately add the words `conveyance'...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Secret information - Where an information is received by an officer who is not a gazetted officer but an empowered one and neither is he a peon, sepoy or constable, he is bound to record said information in writing and proceed to search any building, conveyance or place - Information received..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Secret information - Applicability of S.42 of the Act - Where secret information is received in terms of S.42 of the Act, then search of a private conveyance even in a public place/transit would require compliance of Ss.41(1) and 42(2) of the Act i.e. the information so received must be taken..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41(2), 42 -- Contraband - Secret information - Non-compliance of Ss.41(2), 42 of the Act - PW8/DSP was present at the naka - Though there is some discrepancy regarding as to which officer present at the naka received secret information, however, said fact would have little relevance because it is the case of..........
