Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 46 kgs Ganja (cannabis) - Raiding officer who carried out search and seizure investigate the case, despite availability of competent officers at the relevant time - No explanation offered by prosecution as to why any other empowered officer did not carry out investigation or at least..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 100 kg ganja - Simultaneous search of accused and bags in his possession - S.50 of the Act would apply and compliance therewith would be mandatory...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 36 kg ganja - Non-compliance of S.42(2) of the Act - PW4 received information while he was on patrolling duty with his staff - However, there is nothing on record that in fact any such intimation regarding information is given to Superintendent of Excise - There is thus, no, compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 36 kg ganja - Non-compliance of S.55 of the Act - Delay in production of seized articles is fatal to prosecution case, when there is absence of any documentary evidence as well as oral evidence relating to safe custody of seized articles before its production in Court and explanation furnished..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 36 kg ganja - Non-compliance of S.57 of the Act - Seized articles were never produced before Special Judge within 72 hours of arrest and seizure - It was produced after 7 days - Full report of all particulars of arrest or seizure has to be made by person making arrest or seizure to his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20b(ii)(c), 55, 57, 52A -- Recovery of 26 kg Ganja - Recovered ganja not sealed at the spot - Even sample was not prepared at the spot - No explanation as to why samples reached FSL after delay of 23 days - Evidence of PW1 as well as PW5 show that no effort was made to inform superior Officials in accordance..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 4.2 kg ganja patti - Even if recovered contraband is taken to be `ganja' still the name would fall within intermediate quantity being less than 20 kgs - Challan already filed - No useful purpose would be served by further detaining petitioner..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 67, Criminal Procedure Code, 1973, Section 439 -- Recovery of 35 kg ganja - Bail - Confession of co-accused - Investigation of case is complete and final report also filed - Only material available against accused is statement of co-accused and there is no other material - There is thus,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 82 kg ganja - Search and seizure - Discrepancy in weight of ganja - Where quantity of contraband is exceeding limit for commercial quantity, said discrepancy cannot be held to be of any significance...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 82 kg ganja - Recovery effected from the car and not from persons of accused - Compliance of S.50 of the Act thus, was not at all necessary in the case...........
