Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Contraband - Recovery of 1.25 kg. charas carried in the car, during random check - Two police department witnesses only - Logbook clearly shows that vehicle was travelling during relevant point of time towards a different destination - Statement given by two police witnesses, do not support case of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Confessional statement - Statement recorded u/s 67 of NDPS Act cannot be used as a confessional statement in the trial of an offence under the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29 -- Transportation of contraband - Consignment was booked by co-accused/A-1 - No allegation against accused of transporting contraband - Therefore, unless it is proved that accused had supplied the consignment to A-1 or was a part of a criminal conspiracy to commit an offence u/s 22(c) of the Act,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - If recovery was not from the person, but from a bag carried by accused, provision of S.50 of the Act was not required to be complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 -- Contraband - Abetment and criminal conspiracy - Simply mentioning in the charge sheet that offence u/s 29 of the Act is made out against accused is not sufficient enough to allow his incarceration until and unless any material is attached with the charge-sheet showing involvement/participation of accused...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Bail - Contraband - Accused is behind the bars in this case since 14.05.2024 - He has been made accused on the basis of statement of co-accused and there is not an iota of evidence regarding exchange of calls between accused and co-accused - Neither..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Contraband - Accused is a habitual offender and is involved in six more cases - He has also been convicted in two cases under NDPS Act - Mere fact that quantity involved is a non-commercial quantity would not necessarily mean that accused has right to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 20(b)(ii)(b) -- Contraband - Non-commercial quantity - Quantum of sentence - Accused suffered approximately 2 years and 3 months of his jail incarceration out of 3 years - He has suffered ordeal of criminal case since 2016 - There is no criminal antecedents/criminal record of accused - Sentence reduced to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27 -- Contraband - Consumption of a narcotic drug is made punishable u/s 27 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27 -- Consumption of a narcotic drug - To identify the nature of contraband on the basis of smell that too from the breath of a person cannot be a piece of acceptable evidence to justify a criminal prosecution...........
