Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of drugs - Non-compliance of S.50 of the Act - I.O suspected some contraband in personal possession of accused before search - However, accused was not properly apprised of his right to get search of his person - There is thus, complete violation of mandatory provision of S.50 of the Act -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of drugs - Search and seizure - Prosecution failed to prove as to who produced case property - It could have been easily proved by producing documentary evidence and store room register - But no, production thereof, draws adverse inference against prosecution...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 29 -- Bail - Offence u/ss 15, 25, 29 NDPS Act - Recovery of 143 kgs poppy husk - All prosecution witnesses are official witnesses and there is no possibility that petitioner may influence them or tamper with the evidence - Even, trial may take some time to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Recovery of 1200 ml of contraband recovered from petitioner is marginally higher than commercial quantity - Petitioner has no other case pending - He is in custody since the date of registration of FIR i.e for the last 10 months - Only one..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i), 20(b)(ii) -- Recovery of 2 kg ganja - Wrong framing of charge - Trial Court framed charge u/s 20(b)(i) of the Act instead of S.20(b)(ii) of the Act - However, accused was made aware of nature and extent of accusation against him - Moreover, no prejudice is caused to accused or any failure of justice..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 2 kg ganja - Secret information - Non-compliance of S.42 of the Act - PW13 neither stated that information entered in station diary nor same was intimated to superior officer - Relevant station diary not proved during trial nor abstract of same exhibited - Even though in FIR, it is stated about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 2 kg ganja - Secret information - When search was conducted after recording reliable information in the police station u/s 42(1) of the Act as per FIR, therefore, even though seizure was made in a public place during day time, compliance of provision of S.42(2) of the Act was necessary...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of 2 kg ganja - Search and seizure - Mere production of sample ganja packet is not sufficient - It is duty of prosecution to adduce cogent evidence relating to actual quantity of ganja seized from possession of accused - However, evidence of informant is totally silent about bulk quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of 2 kg ganja - Search and seizure - Personal seal was not produced in Court - Evidence of PW13 is completely silent as to whom his personal seal was handed over - Zimanama of personal seal not proved during trial - Even personal seal was not produced in Court - Handing over brass seal to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 of NDPS Act - Recovery of 2050 tablets - Only 10 tablets out of huge recovery of 2050 tablets were sent for chemical examination - Even, there was no batch mark on the tablets - Moreover, petitioner is in custody since the date of his arrest..........
