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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 29 -- Contraband - Search and seizure - Seizure of contraband narcotic drug, i.e., heroin/brown sugar weighing 2 kgs and 30 grams from the possession of A-1 has been duly established by prosecution beyond all manner of doubt - Link evidence required to prove the sanctity of sampling and transmission of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Contraband - Confessional statement of co-accused/A-1 - Statement of A-1 wherein he allegedly identified A-2 as the person who had escaped from the spot cannot be read in evidence against A-2, such statement is not admissible in evidence, more particularly the manner in which the said statement was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Contraband - Confessional statement - No contraband substance was recovered from the possession of A-2 - Neither panch witness nor Intelligence Officer identified A-2 as the accused who had escaped from the bus stand - Identification of A-2 for the first time by PW-3 during his evidence in the Court more..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - While considering an application for grant of bail, it is not required for Court to record positive finding that accused is not guilty - Only requirement of law is that Court would look at the material in a broad manner and reasonably see whether accused's..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Second bail application - Accused is having requisite certificate and drug license to run medical store which is not disputed - He has not disposed of or sold even a single bottle of drug in question, which he purchased through bills -..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20 -- Default bail - Contraband - No application was filed by public prosecutor seeking detention of accused beyond 180 days - Indefeasible right had accrued in favour of petitioner when police failed to complete the investigation and put up the challan..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, Evidence Act, 1872, Section 25 -- Confessional statement - Officers empowered u/ss 41, 42 of NDPS Act neither having power to investigate nor to file a police report meet the test of police officer for the purpose of S.25 of Evidence Act - Consequently, bar u/s 25 of Evidence Act is not applicable against..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Confessional statement - S.67 of the Act is at an antecedent stage to the investigation, which occurs after the empowered officer u/s 42 of NDPS Act has the reason to believe upon information gathered in an enquiry made in that behalf that an offence under NDPS Act has been committed and is thus not even..........
