Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of charas - Contradictory statements of PW1 and PW3 regarding case property - PW1 stated that case property produced in Court bears seal of Forensic Lab and it is not that seal with which the case property was sealed on the spot and admitted that case property produced in Court is sealed in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Charas recovered from plastic bag which accused was having in his hand - S.50 of the Act is not applicable as compliance of S.50 of the Act is required only when personal search of suspected person is to be carried out...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of charas - Plea that information regarding arrest of accused and seizure not sent to Superior Officer and thus provision of S.57 of the Act not complied with - Accused not to benefit from this plea as compliance of S.57 of the Act is not mandatory...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8.21 -- Recovery of charas - Non joining of independent witnesses - Public persons gathered at the post at the time of occurrence but even then no public person made witness - Police made proper effort to procure public witnesses and in spite of effort of police party no public person became the witness of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43 -- Recovery of 72 kg illicit poppy straw - Chance recovery - Search and seizure proceedings were undertaken at a public place - Vehicle carrying contraband was stopped while in transit without there being any prior information - Provisions of Ss.41, 42 of the Act not applicable - Entire search and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Recovery of 72 kg illicit poppy straw - Chance recovery - Surprise check can be made by any police officer at a public place or while contraband is in transit without being specially empowered in this behalf - Contention of petitioners that seizure officer was not authorized to conduct search and seizure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43 -- Contraband - Difference between provisions of Ss.41, 42 and 43 of the Act - Searches u/ss 41 and 42 of the Act essentially is conducted in furtherance of prior information either received personally or from any other source regarding commission of offences under NDPS Act - Whereas, search u/s 43 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 400 intoxicant Diazepam tablets - Non-compliance of provision of S.50 of the Act - Right of accused to be searched before Magistrate or Gazetted Officer not told to him by police - Mandatory provision of S.50 of the Act thus, violated - Conviction and sentence set aside - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43, Criminal Procedure Code, 1973, Section 482 -- Contraband - Validity of search and seizure - Quashing of proceedings - Admittedly, 107 kg of poppy straw was seized during routine nakabandi without prior information from a vehicle in transit through National Highway, a public place - Manifestly, the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43 -- Search and seizure - Distinction between Ss. 41, 42, 43 of the Act - Search u/s 41, 42 of NDPS Act are essentially conducted in furtherance of information either received personally or from any other source regarding commission of offences under NDPS Act - Whereas those conducted u/s 43 of the Act..........
