Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 21.500 kg poppy husk - No evidence on record as to when accused was produced before Illaqa Magistrate for seeking judicial remand and in compliance of S.52 of the Act regarding case property - Therefore, in absence of an order by Illaqa Magistrate to keep case property in safe custody, either..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 8(c) -- Recovery of poppy husk - Sampling process - Sample seal was prepared on separate piece of paper and impressions of seal and that of DSP and SHO were not directly put on CFSL form at the spot - PW3 though admitted that he prepared three copies of CFSL form - However, there is no evidence on record..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 8(c), Punjab Police Rules, 1934, Rule 22.18 -- Recovery of poppy husk - Non-compliance of Rules of 1934 - Case property required to be kept in store room and each article is to be entered in store room as per R.22.18 of Rules 1934 - However, nothing on record to suggest that said rule was followed while..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 8(c) -- Recovery of poppy husk - Recovery affected from the truck in question - It was for prosecution to prove that owner of vehicle had consciously permitted vehicle to be used for commission of offence under NDPS Act - Prosecution failed to discharged onus to establish that owner of truck knowingly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Contraband - Statement of seizure officer PW10 was recorded after rejection of first bail application - PW10 clearly and unequivocally admitted that method of drawal of samples is ex facie laconic, which substantially reduced chances..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61 -- Bail - Offence u/ss 15, 61 NDPS Act - Recovery of 35 kgs of poppy husk - Petitioner undergone 5 months and 12 days of custody - As per custody certificate there was another case u/s 15 NDPS Act which was pending against him with regard to 10 kg of poppy husk..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 bags of poppy husk - Search and seizure - Complainant and I.O same person - Accused have not taken the plea of being biased by investigation carried out by complainant - They were given ample opportunity to defend themselves and to adduce evidence in support of their case - Accused were not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(b) -- Recovery of 10 kg 250 gms poppy straw - Reduction of sentence - Accused faced agony of protracted trial for a period of about 17 years - He has undergone 8 months of actual sentence and while his sentence was suspended in the year 2004 for a period of about more than 15 years, he is not involved in any..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Offence u/s 15 NDPS Act - Petitioner was not present at place of occurrence and was not arrested - Petitioner is on bail in two cases except the present one as it would be a symbolic release as petitioner is undergoing sentence in other case and he would..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Offence u/s 15 NDPS Act - Recovery of 52 kgs poppy husk - Alleged recovery of contraband includes weight of bag and after excluding weight of bag, weight of contraband comes to about 50 kgs which is non-commerical quantity - Trial in the case is likely to..........
