Narcotic Drugs and Psychotropic Substances Act, 1985 -- Case under NDPS Act - Faulty investigation - Accused get bail and ultimately also earn acquittal due to faulty investigation - Guidelines issued - Director General Police, Punjab, Haryana and Chandigarh directed to prepare PDF File of (i) mandatory guidelines; (ii) directory checklist and to circulate to all I.O's who..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 390 gms Pseudoephedrine and 325 gms Heroin - Commercial quantity - Confession - Petitioner sent parcels containing contraband on three occasions - He stated in his statement recorded u/s 67 of NDPS Act that he used to book parcels to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 91 bags of poppy husk - Recovery effected from canter and not from person of accused - Provision of S.50 of the Act not required to be complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 91 bags of poppy husk - Plea of animosity between police and accused - Merely because police officer is posted at various places, it cannot be said that he had animosity with accused - No evidence led by accused as to what was animosity between accused and said officer - Plea rejected being not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 91 bags of poppy husk - Search and seizure - All codal formalities including search and seizure were carried out strictly in accordance with law - Samples were received in CFSL in intact condition - Accused were travelling in canter and all of them knew about contraband being carried in canter..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of intoxicating powder - Search - Non compliance of S.50 of the Act - I.O. gave option to accused to be searched by him or a Gazetted Officer - Word `Magistrate' not even mentioned in the consent memo - I.O. was required to give only two options to be searched before a Magistrate or a Gazetted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of intoxicating powder - Illaqa Magistrate directed PW4 to deposit case property including bulk and representative parcels in Judicial Malkhana, but he deposited the same after one month four days from of said direction - Search and seizure held, vitiated - Conviction set aside...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Anticipatory bail - Recovery of opium - Petitioner not arrested at the spot and has been nominated as accused on the basis of disclosure statement of co-accused - Admissibility and veracity of which is yet to be tested - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle involved in NDPS case - No confiscation proceedings are pending qua vehicle in question and same is case property only - If vehicle remain parked in police station, same shall gather rust and shall not remain useful -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 4.2 kg ganja patti - Even if recovered contraband is taken to be `ganja' still the name would fall within intermediate quantity being less than 20 kgs - Challan already filed - No useful purpose would be served by further detaining petitioner..........
