Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of Charas - Packets of Charas were found from the body search of accused - Accused were not informed about their right to be searched before a Magistrate or a Gazetted Officer - There was thus, a violation of safeguard provided by S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Criminal Procedure Code, 1973, Section 439 -- Bail - Search and seizure by Sub Inspector who was not posed as SHO - Non compliance of statutory provision of S.42 of the Act as only officers mentioned therein and so empowered can make arrest or seizure - Non compliance of statutory provision - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 102 kg 950 gms Ganja - Accused is a first offender and he is in custody for more than three years - Trial of case is lingering because of apathy of State - There is no chance of absconding of accused, as his home and hearth is within..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 -- Contraband - Criminal conspiracy - Mere presence of accused at the spot, by itself is not sufficient to establish the ingredients of S.29 of the Act - There has to be cogent and convincing evidence against each of accused charged with the offence of conspiracy...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 15 -- Contraband - Criminal conspiracy - Once there is absence of material on record regarding meetings or minds with accused `S', who was driving the truck from where the contraband articles have been recovered, accused `J' cannot be convicted u/s 29 of the Act and eventually fasten with the conviction of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Non-compliance of S.42 of the Act - Chance recovery - No prior information of the case - Case based on chance recovery - There was thus, no requirement of complying with S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Minor contradiction, inconsistency, embellishment or improvement on trivial matters, which do not affect the core of prosecution case cannot be made a ground on which the evidence of prosecution can be rejected in its entirety - Therefore, mere marginal variation in the statement of witnesses..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Mere non production of specimen seal during the course of trial cannot lead to inference that the entire seizure and recovery was wrong and illegal - Accused `S' rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 30 kg poppy husk - Non-compliance of provision of S.52-A of the Act - Samples were not drawn in the presence of Magistrate - There is thus, lapse on the part of I.O to comply with provisions of S.52-A of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 30 kg poppy husk - Personal search of accused was also conducted along with recovery of poppy husk from the truck - It is thus, obligatory on the part of I.O to produce accused before nearest Magistrate - There is thus, non-compliance of S.50 of the Act - Accused acquitted...........
