Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B), 20(C) -- Reduction of sentence - Accused convicted and sentenced to 10 years RI and to pay a fine of Rs.one lac - Accused has undergone incarceration of 5 years and his jail conduct has been satisfactory - He was first offender and was in his mid 40's at the time of his conviction and also having his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search of person of accused - Search options - Accused is to be given two search options i.e. search before a Gazetted officer or Magistrate - Any third option given to accused, vitiates entire trial...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 190 gms cannabis - Contradictions in statements of official witnesses regarding search and seizure - Original seal not produced in the case to verify the sample seal - Prosecution failed to prove its case against accused - Acquittal upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 290 gms charas - Non-joining of independent witness - Accused apprehended on National Highway - It was not an isolated or secluded place - There was lot of vehicular traffic on such road throughout day and night - No efforts made by IO to associate independent witnesses though available at the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 4.00 kg charas - No steps taken to associate independent witnesses despite the area where accused was apprehended had vehicular traffic - PW2 who stated to be have carried Rukka to police station denying his presence at the spot - Samples were not taken homogeneously and only few sticks were..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(b)(ii)(B) -- Recovery of 1.200 kg ganja - Independent witness not examined by prosecution - There is no concrete evidence with regard to seizure Mahazar and observation Mahazar - Contradictions found in the statements of PWs - Court cannot come to a conclusion that alleged contraband seized from accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 248 gms charas - Independent witnesses not supported prosecution case as they were declared hostile - They denied that recovery was affected in their presence and deposed that their signatures on recovery memo were obtained by police - Prosecution failed to prove that charas was recovered from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 400 gms charas - Secret information - Recovery effected from the house of accused - No evidence on record that house in question was in exclusive and conscious possession of accused - Prosecution has not examined any person from the neighborhood - Independent witness not supported the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 55 -- Recovery of charas - Conviction set aside on the grounds : (i) Sample taken to FSL not taken from Malkhana; (ii) Sample received by FSL did not bear the seal of arresting Officer or any other police personnel of his team; (iii) Sample contained seal of the person was neither the arresting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438 -- Contraband - Anticipatory bail - Granted to co-accused without considering mandatory requirement of S.37 of NDPS Act - Held, said order is of no help whatsoever to the present petitioner...........
