Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Offence u/ss.22, 29 NDPS Act - Recovery of 260 grams of heroin from dashboard of car - It would certainly be debatable as to whether petitioner can be attributed conscious possession of the contraband - Even, trial has recently commenced and conclusion..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18, Criminal Procedure Code, 1973, Section 439 -- Recovery of 320 gms opium and poppy straw weighing 14 kg 400 gms - Recovery effected below commercial quantity - Without expressing any opinion on merits bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 32B -- Recovery of 609.6 gms heroin - Quantum of sentence - Recovery effected is much higher than commercial quantity - Punishment higher than minimum is thus, justified - Punishment awarded by trial Court of a sentence higher than minimum relying on quantity of substance cannot be faulted - However,..........
Indian Penal Code, 1860, Section 302, 307, 34, Arms Act, 1959, Section 25(c) -- Murder - Gunshot injury - Recovery witnesses not supported the prosecution case - There was darkness at the time at place of occurrence making it difficult for witness to identify assailants - Evidence of eye witnesses contradictory to each other as to firing of fatal blow - Guilt of accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 2 kg 500 gms heroin - Recoveries made from a public place and not a private place - S.42 of the Act is thus, not attracted - Even otherwise, entry qua secret information was recorded in DDR, which is placed on record - Police had received the information and they had to proceed immediately to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kg 500 gms heroin - Recovery effected from bag carried by accused in his lap - S.50 of the Act would apply only if contraband is recovered from person and not from bag...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A -- Harbouring of offence under NDPS Act - Recovery of 2 kg 500 gms heroin - Sum of Rs.65,00,000 was recovered from dicky of car - Only purpose of money was indulging in activity of financing heroin - Pakistani nationals were being harboured by local companion by giving them shelter - Accused thus, rightly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27, 27A -- Recovery of 2 kg 500 gms heroin - Harbouring of offence under NDPS Act - Directions issued to eradicate drugs menace viz: (i) It is directed that State of Punjab, Haryana and UT Chandigarh through their respective home secretaries to ensure that persons who consume any `narcotic drugs' and..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 137 kg 300 gm opium - Accused has suffered incarceration of nearly 5 years - No other case for offence under NDPS Act is registered against him - Though, quantity of recovered opium is quit heavy, but indefinite/prolonged incarceration of an accused without trial cannot be permitted, more so, when prosecuting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 40 injections of avil and 40 injections of norgesic - Non-compliance of S.50 of the Act - Consent memo shows that offer is given to accused by I.O either to be searched by him or a Gazetted Officer or a Magistrate, which is contrary to provisions of S.50 of the Act - There is thus, violation of..........
