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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 50, 42 -- Contraband - Recovery of 236 cough syrups containing psychotropic substances - Though independent witnesses turned hostile, they admitted their signature on seizure documents and entire seizure of contraband has been proved through reliable coherent evidence of investigating officer - Even,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Contraband - Recovery of 236 cough syrups containing psychotropic substances - Conviction - Modification of sentence - Trial Court sentenced accused to undergo R.I. of 12 years and fine of Rs.1.1 lakhs(each), in default to undergo R.I. of 3 years - Trial Court failed to record specific or any special..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Investigation done by SI of police - SI is entitled to proceed under the NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, Evidence Act, 1872, Section 101 -- Contraband - Non-compliance of S.52-A of the Act - Burden of proof - Initial burden lies on accused to first lay foundational facts to show that there was non-compliance of S.52-A of the Act on a preponderance of probabilities, either by leading evidence of its own or by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - No question whatsoever was put by defence counsel to PW-7 as regards NDPS Act - Moreover, apart from a mere bald assertion that there has been a contravention of mandate of S.52-A of the Act, nothing cogent has been pointed out by appellant that would..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 20 kg Ganja - Recovery effected from taxi of appellant/driver while he was carrying two passengers who fled away from the scene - It cannot be said with any certainty that appellant himself was carrying the contraband or has connived to carry said contraband in his vehicle - No incriminating..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 29 -- Contraband - Non-compliance of standing order - No specific material forthcoming with respect to fulfillment of Clause 2.5 of Standing order on the colour testing conducted using the drug identification kit - There is also no material to hold that seized contraband was converted into 10 containers..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(b), Criminal Procedure Code, 1973, Section 227 -- Contraband - Discharge - Appellant arraigned as accused based on the confessional statement of co-accused - However, in the absence of any other material on record to connect the appellant with the crime, confessional statement of co-accused by itself cannot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search option given by using the words `Any Gazetted Officer' instead of using the words `Nearest Gazetted Officer' - Reasoning that use of word `any' does not satisfy the mandate of `nearest' is not correct...........
