Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27 -- Consumption of a narcotic drug - Contraband article allegedly consumed was not recovered nor is there any medical evidence to justify the allegation - Proceedings qua accused quashed...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22 -- Bail - Contraband - Petitioner has undergone a substantial period of custody - Rigors of S.37 of NDPS Act, can be diluted to an extent in view of salutary provision of the Art.21 of Constitution - Moreover, co-accused has been granted concession of bail -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21B, 29 -- Bail - Contraband - Petitioner is behind the bars since 1 year 2 months and 12 days - trial of case is likely to take long time to conclude as out of total 17 PWs, none has been examined so far - Further incarceration of petitioner without there being the..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25 -- Bail - Contraband - Recovery of 2 kg heroin, one 30 bore pistol made in China, 2 magazines and 12 live cartridges came to be effected on the basis of secret information - Petitioner and co-accused have been duly named in the FIR -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 43 -- Contraband - Secret information - Non-compliance of S.50 of the Act - Accused was not communicated of his right to be searched in the presence of a Gazetted Officer or a Magistrate - Neither intimation is sent to superior officer nor any entry is made in the station diary - There is thus,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Contraband - Prosecution has not produced independent eye witnesses of alleged recovery and even no explanation has been offered by prosecution for their non-production - All the witnesses are police personnel - Non-production of independent eye witness is serious lacuna which has made the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of provision of S.52-A of the Act - No evidence is on record to the effect that procedure prescribed u/s 52-A(2), (3) and (4) of the Act was followed while making the seizure and drawing sample such as preparing the inventory and getting it certified by Magistrate - No evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Charas was recovered from the possession of appellant - Process as indicated in Standing Order No.1/88 and 1/89 was not adopted - Prosecution had not followed the procedure as prescribed while drawing the sample of recovered charas from the bag of appellant - Non production of the bulk before..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - Appropriate stage for NCB to seek confiscation of vehicle would come only when trial is concluded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - For confiscation of vehicle, burden comes on to owner of vehicle u/s 60(3) of the Act, if involvement of vehicle or accused proved...........
