Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 15(c), 18(c), 25, 29 -- Bail - Contraband - Accused implicated primarily on the basis of memorandum of co-accused recorded u/s 27 of Evidence Act and his own memorandum - No recovery has been made from accused and he was not present on the spot at the time of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Notice issued u/s 50 of the Act to accused did not mention any of option or about his rights - It only mentions about necessity - Mandatory requirements of S.50 of the Act not complied - It prima facie renders search and seizure questionable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42 -- Contraband - Search and seizure - By a Officer on the authority of S.H.O. - Seizure Officer must have produced written and valid documentation that shows he acted having authority of SHO at the time of conducting search and seizure, which he failed - Search and seizure is prima facie unauthorised and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Where the contraband recovered is below commercial quantity, recording of finding envisaged u/s 37 of NDPS Act is not a sine qua non for granting bail...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 15, 21, 25 -- Bail - Contraband - Non-commercial quantity - Accused are in custody since 27.8.2024 - Trial of case will take sufficient time to conclude - Rigors of S.37 of NDPS Act is duly satisfied - No useful purpose would be served by keeping..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Contraband - Recovered capsules only contain salt acetaminophen (Paracetmol) - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 32 -- Bail - Cheating - Default bail granted to accused was cancelled by Court and was upheld by Supreme Court - There is no material change in circumstances since passing of said order - Allegations against accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Contraband - Confessional statement - Voluntary or a confessional statement made u/s 67 of the Act cannot be used to pin the accused down for the offences under the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, Evidence Act, 1872, Section 25 -- Contraband - Confessional statement - No evidence against accused except confessional statement of accused recorded u/s 67 of NDPS Act which is hit by S.25 of Evidence Act - Proceedings qua accused quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non-compliance of S.50 of the Act - No efforts were made by PWs to produce accused before any Gazetted Officer or Magistrate as required by S.50 of the Act - Prosecution has failed to prove the mandatory compliance of S.50 of the Act - Accused acquitted...........
