Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Framing of charge - Offence u/s 18 of NDPS Act and u/ss 120-B, 379, 201 IPC - Movement of accused `D' from place `J' to `A' by stealing sim - Travelling of accused `B' in same compartment as that of `H' and communication of `B' with accused `D' and thereafter `D' calling police from stolen sim and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 24, 25, 60, 61 -- Recovery of contraband - Quashing of FIR - Petitioner was residing aboard when FIR in question was registered against him and on coming to know about pendency of criminal proceedings against him he came back to India and surrendered before trial Court and was released on bail -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of Alprazolam tablets along with other intoxicating tablets and capsules - Plea of applicability of Drugs and Cosmetics Act - Petitioner is not license holder in respect of purchase and sale of Alprazolam and Tramadol - Recovered drugs..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 25, 32, Haryana De-addiction Centre Rules, 2010, Rule 6 -- Drug De addiction Centre - Running without licence - Stocking of eight types of drugs containing Buprenorphine - Running Drug De addiction Centre without having any license is violative of provisions of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20(c), 23, 28, 29, 67 -- Bail - Contraband - Seizure of - Discrepancies in drawing of sample, custody, conveyance and forensic examination inter alia that three samples of 5 gms drawn in place of sample weight of 24 gms as mandated instruction issued by NCB - Physical properties, weight of suspected..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of five bags of poppy husk - Plea of false implication - Court acquitted co-accused on the same set of evidence including evidence led by accused and co-accused - Defence evidence pertains to false implication - Trial Court failed to consider defence set up by accused persons while convicting them..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of five bags of poppy husk - Identification of accused - Evidence of identification of accused is of weak character, same cannot form basis for conviction - Moreover, PW3, failed to prove as to how accused was known to him prior to incident, as no document regarding same was produced by him -..........
Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Statement of accused - Recovery of five bags of poppy husk - If specific question is not put to an accused, while recording his statement u/s 313 Cr.P.C informing him evidence which has come on record against him, amounts to denying him right to rebut the same -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii), Excise Act, Section 60 -- Contraband - Delay in sending sample to laboratory - No evidence to show how and in what condition recovered contraband and sample were kept in the meantime and how and in what conditions the articles were preserved at the police station and how safely they were taken from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A -- Illicit traffic - Recovery of narcotic drug and psychotropic substance from accused or that there is evidence that he having dealt in them, is essential before convicting accused u/s 27-A of the Act...........
