Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40.500 kg of poppy husk - Search and seizure - Sample parcels were not drawn in presence of Magistrate, as contradictions were found in statement of Gazetted officer and PW6 regarding same - No document was collected by police in respect of ownership of car in which contraband is found - Case..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Bail - Offence u/ss 15, 61, 85 NDPS Act - Recovery planted upon petitioner just to save owner of truck and rope petitioner - Petitioner is neither owner nor conductor nor driver of truck involved - Even, joint offer of search was given to accused persons..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Poppy husk - Recovery of 10 bags weighing 476 Kg. - Recovered contraband not deposited in Malkhana on the same day - No explanation whatsoever as to where recovered articles were kept for a day and in whose possession they remained - Accused acquitted...........
Criminal Procedure Code, 1973, Section 446, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Surety - Forfeiture of bond - Offence u/s 15(c) NDPS Act - Accused on parole and he did not surrender on completion of his parole period - Order forfeiting surety bond of surety in its entirely is certainly a harsh step taken by District Magistrate and First..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Search and seizure - PW1 stated that sample seal chits were prepared at the spot - However, no such document was proved or exhibited before trial Court - Prosecution further failed to prove and place on record either Form No.29 or relevant entry in register no.19 showing arrest of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - FIR registered much after preparation of three documents i.e notice u/s 50 of NDPS Act, consent memo and recovery memo - Prosecution failed to explain in the manner, FIR number is mentioned - Case of prosecution is thus, highly doubtful...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - PW1 being complainant could not be I.O himself - Even a second I.O was never deputed to conduct investigation - Search and seizure, held, vitiated...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 32 kg poppy husk - Reduction of sentence - Recovery effected from joint possession of both the accused - Both the accused are not previous convicts or have not indulged in any illegal activities after their conviction in the year 2005 - Sentence of accused thus, reduced from R.I for 1 year each..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kg poppy husk - Sealing process - Bag containing poppy husk when produced before Court was not having proper seal which was broken and was in illegible condition - I.O admitted that jute thread which was used to tie bag, could be removed and anything can be taken out or put in bag - This..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kg poppy husk - Search and seizure - I.O was not aware about contents of bag containing contraband before search - However, in consent memo it is mentioned that it was being prepared for offence punishable u/s 15 of the Act - This shows that consent memo was prepared after recovery effected..........
