Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(b)(ii)(B) -- Recovery of 6 kgs ganja - Contradictions found in evidence of PW3 and PW4 with regard to preparation of seizure panchanama and non-production of register maintained by PW2, who is owner of lodge, where accused allegedly stayed and contraband was seized - Search and seizure conducted by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 5.450 kg Ganja - Independent witnesses not fully supported prosecution case - However, official witnesses have unequivocally stated about search and seizure of contraband - Defence failed to elicit anything from PWs which could suggest that they were in any manner inimical to accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 320 gms Morphine - Recovery and arrest of accused happens suddenly at about 9.30 PM and it was a winter season - Police informed accused that he has a right to be searched before any gazetted officer and he may be taken for search - But accused refused to go anywhere and handed over to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - When it is proved that personal search of accused was conducted, police was required to comply with provision of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 15 injections of Buprenorphine 2 ML each - Non-compliance of S.50 of the Act - Personal search of juvenile was conducted by Lady Constable, though there was no recovery - Recovery effected from cloth bag carrying by juvenile in her right hand - However, juvenile was not given an offer whether..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 120 capsules of Spasmo Proxywon and one injection of Avil 10 ml along with syringe - Giving of third option of search to accused by I.O - I.O gave offer to accused to get his search conducted either through him or through a Gazetted Officer or through a Magistrate, which was defective offer and..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 23(c), 28, 29 -- Bail - Recovery of 490 gms methamphetamine (psychotropic Substance) - Commercial quantity - Search made by CISF officers who are not authorized officers - Petitioner was detained at airport and narcotic drugs were detected from hand baggage..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 50 -- Bail - Offence u/s 21 NDPS Act - Non-compliance of S.50 NDPS Act - Petitioner given option for search by a `gazetted police officer' - It amounts to violation of S.50 NDPS Act as it is a limited offer instead of Gazetted Officer, search was conducted by a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Where contraband is recovered from an object which is held by an accused in his hand and search of such person is also conducted which lead to no recovery of any contraband, though there are recoveries of other personal assets of a person from his personal search, no, compliance of S.50 of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search in presence of Magistrate or Gazetted Officer - Not required if person to be searched not so desires, after being informed of his right in this regard...........
