Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Secret information - Neither any information was taken down in writing nor did I.O. record any such reasons for dispensing with such requirements - There is thus, non-compliance of S.42 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Secret information - Accused was never apprehended at the spot and nor any recovery was ever effected from him - He came to be named in the FIR on the basis of secret information - Two police officials from police party claim to have identified him when he ran away from the spot upon noticing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Confiscation of vehicle - Registered owner of vehicle has a right to be heard by Court before the final order of confiscation is passed and seized vehicle is put to auction in terms of provision of S.63 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Contraband - If anything or any incriminating material is collecting or recovered from a particular place and at a particular time then seizure memo/recovery memo should have been prepared at the same place and that too in the presence of witnesses of same locality...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Contraband - Samples taken at the spot were sent to FSL which is against the mandate of law because the same were not taken in the presence of a Magistrate - As per S.52-A NDPS Act, and Standing Order No.1/89, issued by Government, it was imperative upon the police officer to prepare an inventory and..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Indian Penal Code, 1860, Section 307, 332, 279, 337, 353 -- Bail - Contraband - Independent witnesses have blatantly denied to give their support to fact of recovery of contraband made by police - Taking of vehicle and accused from the crime scene to police..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Commercial quantity - Accused had spent about 2 years in custody - Investigation already stands concluded and challan stands presented - Conclusion of trial will take some time - Without commenting on merits of case, keeping in view the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 29 -- Contraband - Plea of non-association of independent witness - PW-1/panch witness associated in the search and seizure proceedings was serving in the Income Tax Department thus, it cannot be said that said witness was a stock witness of the NCB or was an interested witness - He in his sworn..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Non-compliance of S.42 of the Act - Secret information received by PW-2 was to the effect that two suspects would be bringing contraband substance at the Bus Stand which is a public place - S.42 of the Act deals with search and seizure from a building, conveyance or enclosed place - When the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Plea of non-compliance of S.50 of the Act - Recovery was not effected during personal search of A-1 - Contraband was being carried in a polythene bag held by A-1 in his hand - Hence, there was no requirement for the Seizure Officer to have acted under the provisions of S.50 of the Act before..........
