Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 36 kg ganja - Non-compliance of S.42(2) of the Act - PW4 received information while he was on patrolling duty with his staff - However, there is nothing on record that in fact any such intimation regarding information is given to Superintendent of Excise - There is thus, no, compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 36 kg ganja - Non-compliance of S.55 of the Act - Delay in production of seized articles is fatal to prosecution case, when there is absence of any documentary evidence as well as oral evidence relating to safe custody of seized articles before its production in Court and explanation furnished..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 36 kg ganja - Non-compliance of S.57 of the Act - Seized articles were never produced before Special Judge within 72 hours of arrest and seizure - It was produced after 7 days - Full report of all particulars of arrest or seizure has to be made by person making arrest or seizure to his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 28 kg poppy husk - Search and seizure - PW3/ASI not prepared inventory at the time of production of case property before Illaqa Magistrate - Provision of S.52-A of the Act thus, not complied with - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 28 kg poppy husk - No report u/s 57 of the Act was sent to higher official within a period of 48 hours - There is thus, no, compliance of S.57 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 28 kg poppy husk - Search and seizure - Official witness who arrested accused not examined by prosecution - Chit pasted on gunny bags is in torn condition and is not properly decipherable and therefore, identity of case property is not proved - Recovery memo not signed by SHO or by independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 28 kg poppy husk - Identity of accused - Driver of scooter on seeing police party ran away and thereafter accused was arrested after a long delay - In absence of two independent witnesses, identity of accused at the spot is doubtful - Even, ASI admitted that he do not know regarding details of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 28 kg poppy husk - Ownership of scooter containing contraband is disputed - Police failed to conduct investigation regarding ownership of scooter to connect the same with accused - Since registration certificate of scooter was not produced on record, plea of prosecution that it belong to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 50, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 810 tablets of Triesr containing tramadol - Offer to be searched before a Gazetted Officer of Police Department only - It is debatable whether such an offer is valid and would meet the requirement of S.50 of the Act - Without commenting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 6 gms smack - Reduction of sentence - Accused has undergone a period of 33 days incarceration out of total 6 months R.I and also suffered agony and trauma of protracted trial - Recovery in question is accused's first offence - Sentence of accused thus, reduced to period already undergone by..........
