Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kg 500 gms heroin - Recovery effected from bag carried by accused in his lap - S.50 of the Act would apply only if contraband is recovered from person and not from bag...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A -- Harbouring of offence under NDPS Act - Recovery of 2 kg 500 gms heroin - Sum of Rs.65,00,000 was recovered from dicky of car - Only purpose of money was indulging in activity of financing heroin - Pakistani nationals were being harboured by local companion by giving them shelter - Accused thus, rightly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27, 27A -- Recovery of 2 kg 500 gms heroin - Harbouring of offence under NDPS Act - Directions issued to eradicate drugs menace viz: (i) It is directed that State of Punjab, Haryana and UT Chandigarh through their respective home secretaries to ensure that persons who consume any `narcotic drugs' and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 40 injections of avil and 40 injections of norgesic - Non-compliance of S.50 of the Act - Consent memo shows that offer is given to accused by I.O either to be searched by him or a Gazetted Officer or a Magistrate, which is contrary to provisions of S.50 of the Act - There is thus, violation of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 40 injections of avil and 40 injections of norgesic - FIR number is mentioned in various documents prior to registration of FIR - No explanation given by ASI for the same, which created doubt in prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 40 injections of avil and 40 injections of norgesic - Magistrate nowhere mentioned in its order that seal `BS' and `GS' were there on sample parcels or that he has tallied both these seals with sample chit - I.O simply directed to deposit case property and sample parcel in Malkhana - Procedure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 40 injections of avil and 40 injections of norgesic - Delay of 6 days in depositing case property to FSL - No explanation given for such delay - No link evidence is there to prove that in intervening period when case property remained in possession of MHC, seals were never tampered with - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 40 injections of avil and 40 injections of norgesic - Search and seizure - Material discrepancies in statement of PW3 and PW5 regarding time of recovery - PW3 gives no explanation about mentioning of FIR number in some of documents, whereas, PW5 has stated that same were incorporated on..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C) -- Suspension of sentence during pendency of appeal against conviction - Offence u/ss 8, 20(b)(ii)(C) of NDPS Act - Co-accused already given benefit of suspension of sentence - Case of accused is not distinguishable from co-accused - Accused are in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15(c), 26(d) -- Recovery of 10 bags of poppy straw - Violation of conditions of licence - Plea of defence that violation of conditions of licence can be punished only u/s 26(d) NDPS Act - Not tenable - As the contravention of licence in relation to poppy straw has been dealt with in S.15 NDPS Act and S.26 of..........
