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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 65, 85, Drugs and Cosmetics Act, 1940, Section 18A, Criminal Procedure Code, 1973, Section 439 -- Recovery of prohibited drugs without valid licence - Bail - Accused not fit to be kept in jail for indefinite period - Accused suffering from heart disease and his blood sugar is uncontrolled and is required to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 50 Kg. Poppy husk and 30 Kg. Chura Dana Posat (Poppy seeds) - Recovery of poppy husk is non commercial and poppy seeds do not fall under the purview of NDPS Act - No other case against accused - All the prosecution witnesses are official..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Offence u/ss 22, 29 NDPS Act - Recovery of 900 capsules of tramadol hydrochloride - Petitioner not arrested at the spot - Petitioner is behind bars since more than 6 months and challan has already been presented - No fruitful purpose would be served by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Non compliance of mandatory provision of S.50 of the Act - Accused apprised of his right to be searched by Magistrate or Gazetted officer - Accused himself agreed to be searched by raiding party - Mandate of S.50 of the Act not fulfilled - Recovery and all the proceedings consequent thereupon vitiated -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of intoxicant powder - Search was not conducted in presence of either Gazetted Officer or Magistrate - No independent officer was joined at the time of alleged recovery - Alleged intoxicating powder which was recovered from petitioner, as per FSL..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 11.750 kg ganja and 2.175 kg charas - Non-compliance of S.42 of the Act - Police Officer of SOG is a Gazetted Officer - It was thus, not necessary for him to comply with provisions of S.42 of the Act - Question of no, compliance of S.42(2) of the Act, does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 11.750 kg ganja and 2.175 kg charas - Presumption of culpable mental state - No evidence produced by defence to rebut said presumption - Nothing adverse has come out from cross-examination of PWs for rebuttal of such presumption - Therefore, even by drawing adverse inference as accused were..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(2)(B), 20(b)(2)(C) -- Recovery of 11.750 kg ganja and 2.175 kg charas - Quantum of sentence - Quantity of ganja is below commercial quantity but quantity of charas is above commercial quantity - Therefore, in view of S.20(B)(C) of the Act, as there is commercial quantity, accused rightly sentenced for R.I..........
