Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 105 kg ganja - Secret information - Not recorded in a proper register duly maintained in the office - There is every possibility of such a document to be manipulated or fabricated at any time - No authenticity as such can be placed on such a loose sheet of paper - As per secret information, A3..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 105 kg ganja - Recovery effected at the instances of A1 and A2 - A3 who was the mastermind in supplying the contraband could not be arrested at the spot or soon thereafter - He surrendered in the Court but nothing incriminating was recovered from his possession or at his instance - A3's..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Indian Penal Code, 1860, Section 489C, 201, 120B -- Bail - Parity basis - Recovery of 2 kg 600 gms opium - Secret information - Police got clue from accused `T' who gave secret information - Role of accused `T' was confined to part of conspiracy whereby police..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Indian Penal Code, 1860, Section 489C, 201, 120B -- Bail - Recovery of 2 kg 600 gms opium - Petitioners are main accused on whose behest entire conspiracy was allegedly hatched to falsely implicate accused `B' - Allegation against petitioners is that they..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle from interim custody - No specific order passed by trial Court to confiscate the vehicle - Trial of case still pending - There is no provision under NDPS Act debarring release of vehicle for interim custody - Vehicle in question ordered to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 68F(2) -- Seizure/freezing of illegally acquired property - Order of seizure not confirmed by competent authority even after passage of 30 days of order being communicated, which is mandatory as per law - Thus, order of seizure automatically becomes bad and hereby set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Recovery of 2 kg 60 gms opium - Non-joining of independent witnesses - Place of recovery 5 kms away from police station - There is so many villages situated between these two places - However, no independent witness of seizure of opium was made, which creates doubt in prosecution story...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Recovery of 2 kg 60 gms opium - I.O did not properly conducted investigation proceedings right from seizure of contraband from accused uptill samples were sent to FSL for chemical examination - Contraband seized was not produced in prosecution evidence before trial Court - Even signatures of I.O..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 7 plates and 11 sachets of charas - Appeal against conviction - Accused acquitted viz; (i) no, compliance of mandatory provisions of S.50 of the Act; (ii) material contradictions in the averments contained in recovery memo and statements of PWs; (iii) prosecution failed to prove any prohibited..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22, Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Recovery of 13 kg ganja - Quantity of ganja recovered from accused is more than small quantity but less than commercial quantity for which accused cannot be detained more than 60 days in terms of S.167(2) Cr.P.C. - Charge sheet not..........
