Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Punjab Police Rules, 1934, Rule 22.18 -- Search and seizure - Recovery of 350 grams of charas - Production of case property in Court - Entry in register - Non following rules - Accused acquitted - Rules have been framed to ensure that case property from its initial stage of seizure till production in Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 4400 kgs poppy husk - Petitioner implicated on disclosure statement of main accused - Petitioner declared proclaimed offender and then he was arrested - For more than 10 months petitioner is in custody - Petitioner neither apprehended on spot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 750 gms Alprazolam tables - Chemical Alprazolam is a psychotropic substance under NDPS Act - Petitioner was found in illegal possession of the same along with 84 bottles of Corex syrup, 200 tablets of Carisoma, 800 tablets of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity - Where an accused deals with NDPS involving commercial quantity, benefit of bail cannot be granted to him unless on the basis of material available on record twin conditions as contemplated u/s 37 of Act are fulfilled to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - On account of parity - Merely because some of co-accused whom similar role has been ascribed has been released on bail earlier and State has not moved higher Court against the order in question for cancellation, power of Court cannot be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, 21, Criminal Procedure Code, 1973, Section 439 -- Bail - on ground of parity - Recovery of 20 kg charas - Commercial quantity - Recovery affected from the vehicle of accused - Accused were not having valid license or permit to possess and transport the same - Order by which benefit of bail granted to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(b) -- Ganja - Seeds do not come within the definition of ganja and therefore have to be excluded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(C) -- Recovery of 25.100 kg ganja - Difference in weight of samples - There was substantial difference in each of samples received by FSL - This clearly establishes that weight of contraband was not precise - Traditional scale was used to weight a contraband - Moreover, weight of ganja was with greenish..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(C) -- Recovery of 25.100 kg ganja - Non-joining of independent witness - Some passengers were asked to join the proceedings by police officials but they refused to join the same - Non-joining of independent witnesses in such situation, does not raise any adverse inference against police officials as there..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 25.100 kg ganja - Quantum of sentence - Accused had undergone 6 years 11 months and 25 days of sentence - However, in view of the fact that conviction of accused is modified to S.20(b)(ii)(B) of the Act, in which there is no minimum sentence, substantive sentence of accused is thus..........
