Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 2 kgs of opium - Conscious possession of accused fully established on record which was corroborated by testimonies of official witnesses - Merely on the fact that independent witness was not examined by prosecution as he was won over by accused, is not fatal to prosecution case as he admitted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Accused caught with one kilogram heroine - Petitioner contented that accused was to supply him heroine - No recovery effected from present petitioner - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 15 kgs ganja - Non-compliance of S.50 of the Act - Recovery effected from bundle having gunny bag on the head of accused at the time of arrest - Since alleged contraband was not recovered from the personal search of accused, therefore, accused cannot get any advantage of S.50 of Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 15 kgs ganja - Non-production of independent witness - Recovery made in the mid night - No independent witness was present at the spot - Police personnel received information about accused few minutes before recovery - Evidence of police personnel cannot be thrown out on the sole ground that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 15 kgs ganja - Contradictions in the evidence of two PWs regarding weighment of contraband - Not a material contradiction specially when evidence of these witnesses recorded after lapse of considerable period...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 15 kgs ganja - Reduction of sentence - Accused sentenced to undergo R.I. of 4 years, which is not too much - As alleged recovered ganja is approximately 15 kgs. which is more than small quantity, sentence awarded cannot be said to be excessive - No infirmity in the sentence awarded - Appeal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 500 gms. Ganja from dicky of scooter of accused - Accused convicted and sentenced to undergo R.I for 6 months - However, accused already undergone about 4 months of sentence - Sentence reduced to period already undergone...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Default bail - Recovery of contraband - Challan not presented within stipulated period of 180 days - Application for extension of time moved after expiry of 180 days was allowed - An indefeasible right to be released on bail as per provision of S.167(2)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 21(b) -- Appeal against conviction - Reduction of sentence - Recovery of 250 gms smack - Accused ordered to undergo R.I. for period of 10 years and to pay fine of Rs.1 lakh - Accused not involved in any other case - Recovery is non commercial - Sentence reduced to period already undergone by accused and fine..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 167(2) -- Extension of time for presenting charge sheet - Application not accompanied with report of APP - Grounds seeking extension of time clearly mentioned in application - Application self explanatory - Held, there was no necessity for APP to enclose his report -..........
