Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 4.6 kg, 5.1 kg and 5.1 kg Charas from three lady accused respectively - Prosecution ought to have sent a report of arrest of accused as well as seizure of contraband substance in writing to their higher authorities, if not within 48 hours, even beyond that by justifying reasons, which has not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search and seizure - Safeguard - Valuable right is conferred upon suspect to get his person searched in presence of gazetted officer or Magistrate - This safeguard is intended to protect person against false accusation and lend credibility to search and seizure conducted by empowered officer...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Customs Act, 1962, Section 103 -- Recovery of heroin - Search and seizure - As per evidence on record, recovery of contraband from accused was in violation of the safeguards provided u/s 50 of NDPS Act and S.103 of the Custom Act - Therefore, same cannot be used in evidence of proof of unlawful possession of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of heroin - Statement u/s 67 of the Act - Evidentiary value - Court should not lose sight of ground realities and should take into consideration whether confession was made under duress or was voluntary in nature...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of heroin - Conviction should not be based merely on statement u/s 67 of the Act, without independent corroboration...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of heroin - Statement u/s 67 of the Act - If person in custody is subjected to interrogation, he must be informed in clear and unequivocal term his right to silence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of heroin - Statements of accused u/s 67 of the Act - Accused were apprehended on 1.4.2010 and their statements u/s 67 of the Act were recorded on 9.4.2010 while they were in custody of Custom officers - PW1 in his cross examination admitted that he has interrogated accused through interpreter and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Besides bag personal search also conducted - S.50 of the Act is applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 2.50 kg. charas - Statement of official witnesses not inspiring confidence in view of discrepancies in their statements - Provision of S.50 of the Act not complied with - Prosecution failed to prove guilt of accused - Acquittal upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 9.20 gms charas - Bail - Contraband recovered from conscious possession of co-accused, who is already enlarged on bail - Case registered against petitioner on the basis of statement made by co-accused - No direct evidence to suggest involvement of..........
