Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 28 kg poppy husk - Search and seizure - PW3/ASI not prepared inventory at the time of production of case property before Illaqa Magistrate - Provision of S.52-A of the Act thus, not complied with - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 28 kg poppy husk - Search and seizure - Official witness who arrested accused not examined by prosecution - Chit pasted on gunny bags is in torn condition and is not properly decipherable and therefore, identity of case property is not proved - Recovery memo not signed by SHO or by independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of Charas - Applicability of provision of S.50 of the Act - Recovery effected from search of both the lady accused - Provision of S.50 of the Act held, applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of Charas - Non-compliance of provision of S.50 of the Act - Accused were not given option to be searched before Magistrate or Gazetted Officer before conducting their personal search - There is thus, violation of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1060 gms heroin - - Recovery effected from bag of accused - S.50 of the Act not strictly applicable - However, since PW1 felt necessity of body search, he accordingly gave notice to accused u/s 50 of the Act - PW1 did not procure presence of any Gazetted Officer or a Magistrate only because..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 91 bags of poppy husk - Search and seizure - All codal formalities including search and seizure were carried out strictly in accordance with law - Samples were received in CFSL in intact condition - Accused were travelling in canter and all of them knew about contraband being carried in canter..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of intoxicating powder - Search - Non compliance of S.50 of the Act - I.O. gave option to accused to be searched by him or a Gazetted Officer - Word `Magistrate' not even mentioned in the consent memo - I.O. was required to give only two options to be searched before a Magistrate or a Gazetted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of intoxicating powder - Illaqa Magistrate directed PW4 to deposit case property including bulk and representative parcels in Judicial Malkhana, but he deposited the same after one month four days from of said direction - Search and seizure held, vitiated - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1800 ml of intoxicant liquid containing codeine phosphate salt - Search - Giving of third option - I.O virtually offered search of accused himself by additionally informing him that he has a right to be searched before a Gazetted Officer or Magistrate - Giving of third option is not proper..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 1800 ml of intoxicant liquid containing codeine phosphate salt - Consent memo, arrest memo and personal search memo of accused were prepared at the spot prior to registration of FIR, and complete details of FIR mentioned in these documents - Signature of accused taken on all these documents but..........
