Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 30 kg poppy husk - Non-compliance of provision of S.52-A of the Act - Samples were not drawn in the presence of Magistrate - There is thus, lapse on the part of I.O to comply with provisions of S.52-A of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 30 kg poppy husk - Personal search of accused was also conducted along with recovery of poppy husk from the truck - It is thus, obligatory on the part of I.O to produce accused before nearest Magistrate - There is thus, non-compliance of S.50 of the Act - Accused acquitted...........
Criminal Procedure Code, 1973, Section 216, Indian Penal Code, 1860, Section 222, 225 -- Alteration/addition of charge - Petitioner was a life convict - Maximum punishment which could have been awarded would be 3 years for the act of fleeing away from custody of police personnel - Offence is triable by Magistrate - Petition for alteration of charge rejected on the ground..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Cheques were entrusted with accused in terms of collective decision taken by General Body of Union - No case of prosecution that said cheques were dishonestly misappropriated by accused contrary to terms of an obligation imposed - Cheques were seized by police and same has been produced before Magistrate -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 8 packets of Microlit tablets, each packet containing 100 tablets - Recovery of contraband and personal search of accused also conducted - Mandatory provision of S.50 of the Act not complied with as search was not conducted in the presence of a Gazetted Officer or a Magistrate - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 kg Charas - Mandatory provision of S.50 of the Act applies when contraband is recovered and personal search also conducted - Accused must be aware that it is his legal right to be searched before a Gazetted Officer or a Magistrate - Mere enquiry by police officer in this regard will not serve..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 3 kg Charas - Representative sample drawn in presence of Magistrate not sent to Chemical Examiner - It is not merely an empty formality to draw the representative sample in the presence of Magistrate - Such lapse amounts to non compliance of S.52-A of the Act - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439(2), 436 -- Cancellation of bail - Bail granted u/s 436 Cr.P.C. can only be cancelled u/s 439(2) Cr.P.C. which mandates that bail can be cancelled either by High Court or Court of Sessions - Order cancelling bail passed by Magistrate, set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 8(c), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of Ganja - Commercial quantity - Samples taken at the spot sent for Chemical Analysis but sample taken before Magistrate not sent for Chemical Analysis - Accused has made out case for bail - Contraband seized is commercial quantity..........
Criminal Procedure Code, 1973, Section 155(4) -- Non-cognizable offence and cognizable offence - Where Magistrate forwarded a complaint involving offences cognizable and non-cognizable in nature to police and police files a report finding that non-cognizable offence was committed, Magistrate is legally empowered to proceed with the trial...........
