Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of intoxicant tablets - Non-compliance of S.50 of the Act - Consent memo shows that no written notice was given to accused and consent memo itself shows that an offer was given to accused to be searched either before a Gazetted Officer or before a Magistrate, upon which accused gave his consent to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of smack - Search option that accused can be searched by I.O. in presence of gazetted officer or Magistrate - It amounts to giving third choice to accused - Accused is required to be given only two choices to be searched either before a gazetted officer or a Magistrate - There is no provision for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 300 gms intoxicant powder - Recovery from person of accused - Accused not apprised of his legal right to be searched before a Gazetted Officer or Executive Magistrate - Non compliance of mandatory provision of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6 kg Ganja - Non-compliance of S.50 of the Act - Before conducting personal search of A-1 and A-2, PW1 not informed accused about their right to be searched in presence of a Gazetted Officer - Nowhere, PW1 informed accused that he was a Gazetted Officer, as such he is going to conduct their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 21.500 kg poppy husk - Search option given of search before Gazetted Police Officer - No such search option in the provision - It is violation of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 7 bags of poppy husk - Recovery effected from vehicle - Personal search of accused was carried out and vehicle was also searched - Compliance of S.50 of the Act thus, mandatory...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Joint consent - There cannot be joint consent of accused - Consent has to be singular - Every accused has right to be told that he has legal right to be searched in presence of gazetted officer or a Magistrate...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 7 bags of poppy husk - Non-compliance of mandatory provision of S.50 of the Act - ASI apprised both accused about their right to get search conducted in presence of some gazetted officer or Magistrate - Both accused reposed confidence in ASI - Personal search of accused was carried out and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search - Offer of search in the presence of a Gazetted officer or Magistrate given but accused refused to exercise said right - I.O. searched the accused - Held, even when accused refuses offer to have his search conducted by a Judicial Magistrate or a Gazetted Officer, raiding party would..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 50, Criminal Procedure Code, 1973, Section 389 - - Appellant 75 years of age and is 100% visually impaired - Appeal already admitted - No likelihood of appeal being taken up for final disposal shortly - Without commenting on merits of the case and keeping in view the totality of facts and..........
