Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Compliance of S.50 of the Act - Recovery effected from inside the car in which accused and co-accused were travelling and not in the course of their personal search - S.50 of the Act not applicable to the case - Non-compliance of the same does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 6 bags of poppy husk - Non-adherence of requisites of S.57 of the Act - I.O at the site after arrest of accused persons and/or seizure of contraband forwarded the information with regard thereto to his higher officer without any delay - Even related FIR with necessary endorsement therein had..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 6 bags of poppy husk - Conscious possession - Contraband recovered from the car while same was driven by one of accused in the company of other also authenticate the charge of their conscious possession - Official witnesses fully substantiate the recovery of contraband from the conscious..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 50 -- Bail - Recovery of commercial quantity - Non-compliance of S.50 of the Act - Prosecution ought to be given an opportunity to establish its case at the trial - Bail cannot be granted to accused merely on allegations that procedure of search and seizure u/s 50 of the Act is not followed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Recovery of 136 kgs ganja - Recovery effected from the public place - S.43 of the Act is applicable to the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 136 kgs ganja - Recovery effected from public place - Three bags seized containing 12 packets of ganja weighing 136 Kgs, along with two motorcycle and 4 persons - However, said eventuality was not informed to superior officer in terms of S.57 of the Act - Provision of S.57 of the Act not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 136 kgs ganja - Articles seized not kept in Malkhana in terms of S.55 of the Act - Since articles kept according to choice of prosecution having free access, it shakes the reliability of prosecution case - Mandatory provision of Act not followed by prosecution - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22 -- Recovery of 136 kgs ganja - Samples were taken out independently counting 12 in numbers - However, I.O had not affixed the serial no. over the same - I.O had not even mentioned the fact as to how much quantity has been taken out for that purpose - There is inconsistency in evidence of PW over the..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(d)(4), 15, 61, 85 -- Default bail - Extension of two months time to file challan - Challan not filed within 180 days as chemical report not received - Plea that prosecution delayed the dispatch of contraband to FSL by 14 days - Impugned order extending two..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Recovery of 50 kgs ganja - Commercial quantity - Case based on deposition of PW2 - Though two independent witnesses were obtained but they refused to join the investigation - Names of these two witnesses were stated by PW2 - Mandatory provisions of NDPS Act duly compiled with - Material..........
