Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Compliance of mandatory provision of S.50 of the Act - Accused apprised of his right to be searched in the presence of either a Magistrate or a Gazetted officer and accused gave his consent in writing to be searched by the police officials (raiding party) - None of the police officials of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22 -- Framing of charge - Petitioner found in possession of 3 gms of heroin and 50 gms of methaqualone - As per FSL report, chemical test of methaqualone was found negative - Charge framed against petitioner u/s 8/22 of Act, set aside and charge framed u/s 8/21 of the Act maintained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25, 15, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Prolonged custody - Offence u/ss 8, 25, 15 of NDPS Act - Accused remained in custody for more than 5 years - Final hearing of appeals likely to take considerable time - Taking into account of prolonged..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 3.640 kg opium - Secret information - Non-compliance of S.42 of the Act - Secret information was recorded and report was prepared and sent to SHO concerned, which was further sent to DSP - On the basis of secret information, Naka was set up and accused was apprehended - There is thus,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25 -- Recovery of 3.640 kg opium - Secret information - Search and seizure - Witnesses proved recovery of contraband from accused - There is due compliance of mandatory provisions of the Act - FSL report proved that recovered contraband was opium having 3.2% Morphine - Sample parcels and seals were intact -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1200 gms charas - Non-compliance of S.50 of the Act - Mere informing accused to be searched before gazetted officer or Magistrate is not sufficient enough, as communication should be to the effect that accused understand his legal right and implication as well as consequences thereto - Strict..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1200 gms charas - Non-compliance of S.50 of the Act - Recovery effected from the bag carried by accused which included his personal search also - Compliance of S.50 of the Act, thus mandatory - However, I.O not made out strict compliance of said section - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 1200 gms charas - Non-compliance of S.55 of the Act - Safe custody of recovered contraband not established, as no documentary or oral evidence produced by prosecution - Absence of evidence of safe custody of recovered contraband indicates violation of provision of S.55 of the Act, rendering the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 1200 gms charas - Non-compliance of S.57 of the Act - After arrest of accused and sealing of contraband, information regarding the same has to be forwarded to immediate superior officer within 24 hours but there is no evidence to establish and prove the same - Mere deposition of PWs in this..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 1200 gms charas - Search and seizure - Non-joining of independent witness - Admittedly, no enmity or any other reason for false implication by police has been shown, in the circumstance their evidence may be treated independent enough for alleged recovery and absence of public witness did..........
