Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Offence u/s 15 NDPS Act - Default bail granted as FSL report not filed within 180 days - Condition imposed that accused shall be taken into custody on receipt of FSL report - Condition set aside - Bail will remain in force unless accused commits default in the..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 29 -- Bail - Offence u/ss 15, 25, 29 NDPS Act - Recovery of 143 kgs poppy husk - All prosecution witnesses are official witnesses and there is no possibility that petitioner may influence them or tamper with the evidence - Even, trial may take some time to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 50 Kg. Poppy husk and 30 Kg. Chura Dana Posat (Poppy seeds) - Recovery of poppy husk is non commercial and poppy seeds do not fall under the purview of NDPS Act - No other case against accused - All the prosecution witnesses are official..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Recovery of 10 kg poppy husk - Accused claiming parity with already acquitted co-accused - Case of accused is on identical footing with co-accused - It was co-accused who was driving vehicle in which contraband was carried, whereas accused was sitting in cabin - Entire evidence against accused as well..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 15 -- Nature of offence - Recovery of 6 kgs green poppy plants - Charge framed u/s 18 of the Act - FSL report silent about percentage of morphine content/meconic acid - It cannot be held that percentage of morphine is above 0.2 % and therefore, being opium as per S.(xv) (b) or opium poppy as per S.(xvii) or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of five bags of poppy husk - Plea of false implication - Court acquitted co-accused on the same set of evidence including evidence led by accused and co-accused - Defence evidence pertains to false implication - Trial Court failed to consider defence set up by accused persons while convicting them..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of five bags of poppy husk - Identification of accused - Evidence of identification of accused is of weak character, same cannot form basis for conviction - Moreover, PW3, failed to prove as to how accused was known to him prior to incident, as no document regarding same was produced by him -..........
Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Statement of accused - Recovery of five bags of poppy husk - If specific question is not put to an accused, while recording his statement u/s 313 Cr.P.C informing him evidence which has come on record against him, amounts to denying him right to rebut the same -..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Release of seized amount - Merely because amount in question was an outcome of earning arising out of sale of narcotic substance, there was no point in withholding the amount, as it would not contribute to adjudication of case - Amount seized released subject..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40.500 kg poppy husk - Delay in sending samples - Samples were sent to FSL after delay of 12 days - Constable after receiving samples kept the same for two days without recording his presence - Register no.19 was not produced on record in which entry related to time of taking out sample and..........
