Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), Criminal Procedure Code, 1973, Section 451 -- Confiscation of vehicle used in carrying contraband - Release of - Owner of vehicle not named as co-accused - It would not be in interest of justice to deny him release of vehicle on sapurdari - Vehicle released on sapurdari...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 28, 29 -- Recovery of 3 kgs opium - Bail - Co-accused of petitioners already granted bail - Admissibility of confessional statements suffered by petitioners and disclosure statements implicating petitioners by co-accused would be moot point during trial - Petitioners neither required nor involved in any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1.100 kg charas - Compliance of S.50 of the Act is mandatory when personal search of accused is carried out - Instantly, PW11 has not apprised accused of his legal right to be search before a gazette officer or a Magistrate, though personal search of accused had conducted - There is no,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- S.42 of the Act is mandatory and its breach vitiates the entire proceedings initiated against accused - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1.100 kg charas - Major contradictions in the statements of PWs regarding search and seizure of contraband - Mandatory provision of Act not complied with - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Non-compliance of provision of S.42 of the Act - Accused acquitted - Registration of FIR and communication of FIR to Superintendent of Police, would not constitute sufficient compliance of the mandate of S.42 of the Act - Mandate contained in S.42(1) of the Act is separate and distinct from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 100(4) -- Recovery of 5 bags of poppy husk - Non-joining of independent witness - House in question raided on secret information, but no public person or neighbour called at the time of house search, which is mandatory as per S.100(4) Cr.P.C. - Non compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 5 bags of poppy husk - Search and seizure - Exclusive conscious possession - Recovery allegedly effected from house of accused, where other family members had also been residing - But there is no evidence on record to prove ownership of said house - No evidence on record that accused was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 5 bags of poppy husk - Delay of 10 days in sending sample to FSL - No explanation for withholding the sample for such a long time - Delay fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 5 bags of poppy husk - Official witnesses - Conviction of accused solely rests on testimony of official witnesses - Testimonies of official witnesses cannot be brushed aside being interested witnesses but while considering its probative value, Court must also be cautious against false..........
