Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Identification of accused - Where identification of an accused is in Court for the first time after a number of years and no Test Identification Parade has been held, then identification of accused in Court is insufficient in the eyes of law to affix the guilt of an accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Occurrence took place in 2006 whereas appellant was identified in the Court for the first time in 2013 i.e. after more than 7 years of occurrence - It is highly unlikely that PW10 was able to identify the appellant after so many years - Therefore, identification is not sufficient to establish..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner is behind the bars for the last 7 months and 6 days - Investigation is complete - Charges were framed and trial of case has not made much progress - Out of 14 PWs, no PW has been examined so far - Culpability of petitioner..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for investigation - Written notice or furnishing of copy of petition or report of Public Prosecutor u/s 36-A(4) of the Act to accused or his engaged counsel is not compulsory - However, accused or his counsel must be present personally or through virtual mode at the time of..........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3 -- Detention order - Accused detained on basis of 3 past NDPS cases against him - However, as per evidence on record, including the detention order and counter affidavits filed by zonal director of Narcotic Control Bureau, the Sponsoring authority considered 5 other cases apart..........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3 -- Detention order - Judicial review - Order of Detaining authority is not wholly immune from the judicial review ability - The court must apply its mind as to whether the Detaining Authority has scrupulously followed the procedure - Further, any infraction or procedural lapse..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search of accused must be carried out in presence of Gazetted Officer or Magistrate only - Question of giving a third option of search being conducted by a member of police party, none of whom are Gazetted Officer, does not arise - However, where accused voluntarily expresses his willingness..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of investigation - Whether investigation is to be completed within 60 days or 180 is totally dependent upon FSL report - If FSL report affirms idea/estimation or presumption of seizure officer and matter involves recovery of commercial quantity, investigation should be completed within 180..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36 -- Bail - Contraband - FSL report was issued after almost 130 days of receipt of samples and upon analysis, `methamphetamine' was detected - Contraband weighing 24.75 grams was recovered from petitioner whereas commercial quantity of `methamphetamine'..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 29 -- Bail - Contraband - Petitioner was not named in FIR and is sought to be implicated solely on the basis of disclosure statement of co-accused - No recovery effected from petitioner even after such disclosure statement and arrest of petitioner -..........
