Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 222.800 kg ganja - Conviction - Non compliance of provision of S.42 NDPS - Recovery in transit - Admittedly, the alleged ganja was recovered from the vehicle of accused that was checked by police without receiving any prior information of the same - Provision of S.42 NDPS held not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 222.800 kg ganja - Conviction - Non compliance of provision of S.50 NDPS - Ganja was recovered from the vehicle of accused persons - Search of vehicle cannot be held as personal search, thus Sec 50 not applicable - No violation of mandatory provisions - Conviction upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 52A -- Contraband - Bail - Petitioners had already undergone 2 years out of sentence of 5 years - Issue of applicability of S.53-A of the Act for search and seizure proceedings are pending in SLP - Petitioner is entitled to bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(c), 22(c), 23, 25, 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Applicant was made accused and has been in custody in regard to two cases for the same act of allegedly delivering a container containing contraband - However, no recovery of any contraband or cash has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Long period of incarceration undergone by appellant - There are no independent witnesses to seizure and pace of trial is rather slow - Out of 17 PWs only one witness has been examined till date - Trial Court would take some time to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 27, 27A, 28, 29, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Keeping in view the facts and circumstances of the case and period of custody already undergone by appellant, bail granted to appellant during pendency of trial on terms and conditions to be fixed by trial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Keeping in view the role allegedly attributed to appellant and period of incarceration suffered by him, appellant released on bail during pendency of trial - However, appellant shall provide mobile number on which he can be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54, Evidence Act, 1872, Section 101, 102 -- Conscious possession - Burden of proof - It is burden of prosecution to establish that contraband was seized from conscious possession of accused - Only when that aspect has been successfully proved by prosecution, onus will shift to accused to account for the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Conscious possession - Conscious possession refers to a scenario where an individual not only physically possesses a narcotic drug or psychotropic substance but is also aware of its presence and nature...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 54 -- Contraband - Conscious possession - Appellant was found to be in conscious possession of three cartons containing poppy husk - Defence put forward by appellant that he had no idea about the three cartons and that he got down from the coach alongwith the three cartons only because the officers asked..........
