Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 11.800 kgs Ganja - Report made by PW1 u/s 57 of the Act to PW5, his immediate superior officer was got marked - There is thus, compliance of provision of S.57 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Conscious possession - Commercial quantity was recovered from accused - Suitcase which contained ganja was on lap of A-1 - Bag which contained ganja was below the seat of driver/A-2 of autorickshaw - Accused thus, was in conscious possession of contraband - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms opium - Search and seizure - Suspected contraband was found and seized from pocket of shirt worn by accused - Search was a personal search and thus, Seizure Officer was under an obligation to comply with mandatory requirements of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms opium - Search and seizure - Personal search of accused - I.O casually conveyed accused that he could be searched before a Gazetted Officer or a Magistrate - No attempt was made to apprise accused of existence of a right to be searched before either of two - Notice given to accused is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 250 gms opium - Search and seizure - Neither Muddamal nor sample packet returned from FSL were exhibited - There is no satisfactory material available on record which can satisfy Court that seizure of contraband opium was actually effected by Seizure Officer during personal search of accused -..........
Indian Penal Code, 1860, Section 489C -- Fake currency notes - Accused was in possession of 4 bundles containing 100 numbers of currency notes of Rs.1000 each amounting to 4 lakhs suspected to be fake and recovered from carry bag carried by accused - Though there are some discrepancies between evidence of PW1 in Court and FIR with regard to number of fake currency notes..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 90.5 gms heroin - Quantity recovered is less than commercial quantity as per notification applicable but greater than small quantity - Rigors of S.37 of NDPS Act thus, not applicable - Petitioner is in custody since Mar 2019, he is a Nigerian..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 42.795 gms charas - Recovery effected from bag carried by accused and not from search of his person - S.50 of the Act held, not applicable to the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 42.795 gms charas - Search was not from a building convenience or an enclosed place, but was from a public place i.e road - Provision of S.42 of the Act not attracted - However, prosecution has complied with requirements of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 42.795 gms charas - S.57 of the Act is directory in nature - Prosecution tried to prove its compliance by relying upon a document, which is not verified and instead surrounded with suspicion - There is thus, non-compliance of S.57 of the Act...........
