Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Jurisdiction of court to grant bail is circumscribed by the provision of S.37 of NDPS Act - Limitations on granting of bail specified in S.37(1)(b)(ii) of the Act are in addition to the limitations under Code of Criminal Procedure, 1973, or any other law for the time being in force on granting of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 290 gms charas - No prior information available with police regarding recovery of contraband - Even there is no material available on record which points towards fact that any prior information qua accused having charas was available with police - Provision of S.42 of the Act not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 290 gms charas - Accused found in conscious possession of 290 gms of charas - He was also in possession of currency notes Rs.15,330 and a pocket digital electronic scale - Case property remained under safe custody of PW5 - Compliance qua S.57 of the Act by making special report was proved -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 290 gms charas - Non-examination of one of independent witnesses - Independent witness though associated but same given up by prosecution being won over by accused - Non examination of independent witness thus, not fatal to prosecution case especially when PW2/other independent witness fully..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 290 gms charas - Search - Chance recovery - Provision of S.50 of the Act not applicable, as it was a chance recovery and contraband was recovered from accused, who on seeing police tried to escape and was apprehended by police and his bag was searched...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 290 gms charas - Reduction of default sentence - Taking into consideration the quantity of charas sentence of 4 years R.I is not excessive with fine of Rs.20,000 - However, in default of fine, accused has to undergo one year S.I, which is too harsh - Default sentence held, modified from 1 years..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kg poppy husk - Identity of accused - Neither in FIR nor in statement of I.O. there is anything that they identified accused, who ran away from the vehicle - There is also nothing as to whether they knew accused earlier to the occurrence or not - In ruqa, no detailed description of those..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Recovery of 90 vials of codispan cough syrup - Each vial of codispan cough syrup contained 10 mg codeine phosphate - Codeine is a derivative of opium and it is having one time addiction - Petitioner purchased drugs for selling the same - He was running the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Recovery from bag - Accused also searched thereafter - Trial not vitiated for no prejudice shown by accused in search of their person, in violation of the provision of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 1 kg 100 gms Charas - Non-compliance of provision of S.57 of the Act - Special report was immediately sent to authorities as per testimonies of PW7 and PW11 - Merely because there is some overwriting and correction in record with regard to special report, that does not render prosecution case..........
