Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 8(c), 23(c), 28 -- Recovery of heroine - Discrepancies in evidence - When evidence of panch and other evidence showing recovery of articles from the bag belonging to accused is reliable and without infirmities, discrepancies in the evidence regarding manner of packing and sealing the articles, would not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 8(c), 23(c), 28 -- Recovery of heroine - Accused contended that since the investigation in the case is done by complainant himself who suspected and apprehended the accused, thus, it is fatal to prosecution - Contention rejected as though it is weakness of case but it is not possible that samples were..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 8(c), 23(c), 28 -- Recovery of heroine in the form of off-white colour powder from a bag belonging to accused, a foreign national - Accused was apprehended at the Airport and his presence at the Airport is established by number of documents - Samples of said powder were sent to FSL and samples remained..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 8(c), 23(c), 28 -- Recovery of heroine - Reduction of default sentence - Accused a Foreign national - Amount of fine is not likely to be realized from her - Default sentence imposed by trial Court appear to be rather harsh - While maintaining sentence of accused as 10 years R.I with Rs.1 lac fine, default..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Regular bail - Recovery of 50 kgs poppy husk - In the instant case, petitioner was in possession of 50 kgs of poppy husk - If weight of bag is excluded, then contraband will come to less than 50 kgs which does not come under commercial quantity - Contraband does not fall within preview of commercial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 42 -- Contraband - Search - Mandatory requirement prescribed u/s 50 has to be complied with only when a search is carried out on the body of a person - Provision of S.50 of the Act is not applicable when there is search of any premises - For search of premises the compliance required to be carried out is as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 9A, 21(c), 27A, Criminal Procedure Code, 1973, Section 439(2) -- Recovery of huge quantity of contraband - Cancellation of bail - In the instant case, accused granted bail by single Judge of High Court with avoidable haste - State can seek cancellation of bail where Court granted bail by taking into..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii)(b) -- Ganja - Seeds and leaves do not come within the definition of ganja, therefore, they could not have been added up with the flowering or fruiting tops of such plants...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 20(b)(ii)(C) -- Nature of offence - Recovery of 22 kg ganja - Discrepancy in weighment of samples - Samples were found to be more than 100 gms less in weight than 1 kg, when it reached FSL - Instead of electronic weighing scale, normal weighing scale used for weighment - More so, description of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Chance recovery - Recovery of a plastic gunny bag containing ganja, was not effected from person of accused, therefore, there was no requirement of compliance of S.50 of the Act...........
