Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 21 -- Recovery of 750 gms heroin - Commercial quantity - Testimony of raiding party trustworthy and duly corroborated by report of CRCL - All officials witnesses cross-examined at length but defence failed to put any dent to their testimony - They have stated in single voice that contraband weighing 750 gms..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 31(ii) -- Conviction of accused second time for repeated offence - Conviction u/ss 29, 21 of NDPS Act - Recovery of 750 gms heroin - Accused already completed 12 years of incarceration earlier also for the same offence - However, since recovery is commercial quantity, trial Court already taken a lenient view by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 52A -- Bail - Recovery of 650 gms heroin - Even if S.52-A of the Act is not complied with, the same is not a ground for granting bail to an accused where more than commercial quantity of contraband is recovered overlooking the mandate of S.37 of the Act which is a pure question of trial - Application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 6.600 kg ganja - Recovery effected from public place - Case is covered by S.43 of the Act - No prejudice caused to accused due to no, compliance of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Public place - Public place includes any public conveyance, hotel, shop or other place intended for use by or accessible to public...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 6.600 kg ganja - False implication - Search and seizure was made in presence of Gazetted officer and two public witnesses - Seizure list prepared on the spot contemporaneously lends credence to evidence of said witnesses - No motive attributed to police witnesses for false case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35 -- Recovery of 6.600 kg ganja - Conscious possession - Evidence of police witnesses corroborated by two independent witnesses together with chemical examination report proving recovery of contraband from possession of accused - Thus, possession of contraband by accused is proved by cogent, credible and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 5 gms smack - Testimony of official witnesses - All official witnesses stated in one voice that contraband was recovered from accused - Notice u/s 50 of NDPS Act was served upon accused and contents of notice were duly explained to accused - Testimony of raiding party duly corroborated by CFSL..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 5 gms smack - Reduction of sentence - Accused already undergone 1 year 11 months and 14 days incarceration for possession of 5 gms of smack - Keeping in view the beneficial provision of amended NDPS Act of 2001, sentence awarded to accused reduced to sentence already undergone by him...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 4.800 kg poppy husk - Prosecution proved its case by official witnesses - There are no lacunae in prosecution evidence - Chain of link evidence is complete - Case property remained intact throughout - There are no discrepancies in the statements of witnesses - Accused rightly convicted...........
