Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 10.600 Kg Ganja - Recovery effected from possession of A-2 - Evidence of official witnesses is consistent with each other - Accused informed of his right to be searched in presence of a gazette officer or a Magistrate, but A-2 waived his right - Though A-1 escaped after abandoning his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 10.600 Kg Ganja - Reduction of sentence - Sentence imposed by trial Court is R.I for 10 years with fine of Rs.1 lakh each - Accused had already undergone sentence of 4 years - Considering age of accused and they had no bad antecedents, sentence of accused reduced to period already..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 85 -- Bail - Offence u/ss 21, 61, 85 NDPS Act - Petitioners have been inculpated on the basis of disclosure statement - Petitioners are in custody from 1 year and 8 months and out of 23 witnesses not even a single witness has been examined - Keeping in view the..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 23, 29, 60, 61 -- Bail - Offence u/ss 8, 21, 23, 29, 60, 61 - Recovery of about 2 kgs of heroin from the fields of co-accused and after his arrest he named petitioner as one of the members of the gang - Apart from disclosure statement, there is no other evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search of an article which was being carried by a person in his hand or on his shoulder or head etc. does not attract S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 976 grams heroin filled in 95 capsules - Recovery effected from the hands of accused, as contraband kept concealed in fingers of silicon hand gloves - Though provision of S.50 of the Act not attracted - However, right u/s 50 of the Act is explained to accused persons before proceeding in..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Recovery of 976 grams heroin filled in 95 capsules - Recovery effected from the hands of accused, as contraband kept concealed in fingers of silicon hand gloves - Non-recovery of gloves - When contraband and bulk samples in the form of material objects are physical evidence produced by prosecution adequately proves..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 976 grams heroine filled in 95 capsules - Confession - Statement u/s 67 of the Act is given to NCB officers, who are not police officers - Information given by accused has led to discovery of certain facts and said statements alone is not basis for conviction - Statement is admissible...........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Recovery of 976 grams heroine filled in 95 capsules - Reduction of default sentence - Substantive sentence awarded to accused is maintained - Trial Court imposed fine of Rs.1 lakh for each offence with default sentence 6 months R.I to each of accused - Default sentence modified to 1 month R.I in respect of each..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 61, 85 -- Bail - Recovery of 1.5 kg of heroin - Indictment of petitioner is on the basis of disclosure statement suffered by co-accused from whom recovery of contraband was effected - Even, petitioner was not travelling in the bus from where contraband was..........
