Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Inventory of seized contraband article was not prepared prior to forwarding the sample of contraband to FSL - Mere fact that the samples were drawn in the presence of a gazetted officer is not sufficient for compliance of the mandate of S.52-A(2) of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner was named in the FIR on the disclosure of one of co-accused - Though, petitioner is said to be involved in other two cases, but he is already on bail in one of case - Challan is already presented and charges are also framed..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Bail during pendency of appeal against conviction - Contraband - Provision of S.52-A of NDPS Act were not complied with - Without expressing on the final merits of appeal, bail granted to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 27(a) -- Contraband - In the absence of seizure of contraband, guilt under NDPS Act cannot be proved through circumstantial evidence or through visuals in a mobile phone...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(B) -- Contraband - Statement made by co-accused to police officer cannot be treated as a material connecting accused with the crime, especially considering the offence u/s 27(B) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 27(a) -- Contraband - Accused allegedly consumed a narcotic drug and video graphed the said act - However, contraband allegedly consumed by accused was not recovered during the search - In the absence of any material to prove that what was consumed by accused, as shown in the videograph was a narcotic..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A, 8, 20, 23, 29, 68 -- Bail - Contraband - Packets recovered were not numbered serially for the purpose of identification, as provided in R.3(2) of NDPS Rules - Samples were not drawn in presence of a Magistrate, as provided in S.52-A of NDPS Act and R.9 of NDPS Rules - Authorities themselves have..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Interim bail - Contraband - Accused wants to solemnize his marriage and for this purpose he sought interim bail - He is stated to have undergone an actual sentence of 4 years - Interim bail for 4 days granted to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Commercial quantity - Petitioner is trying to mislead the Court as regards his admission in hospital - Though petitioner is having some medical ailment, but by not surrendering on time and moving application for extension of bail by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - Identity of accused - Accused fled away from the spot and was not arrested from the spot along with contraband - However, no test identification parade was conducted to ascertain the identity of accused, as PW6/ASI expressed his ability to identify accused as he knew..........
