Bharatiya Nagarik Suraksha Sanhita, 2023, Section 430, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Suspension of sentence of conviction - Contraband - Body of appellants and thereafter vehicle were searched - Such search was stated to be done in presence of Gazetted Officer - But said Gazetted Officer was not examined as a witness nor his presence..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Petitioner was found along with two other co-accused persons in the truck wherefrom contraband was allegedly seized - He stands on same footing as other two co-accused who have been acquitted - There are reasonable grounds to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Embargo u/s 37 of the Act comes into play when liberty from custody is sought, not when accused is merely securing appearance pursuant to summons...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Interim bail - Contraband - Wife of petitioner was blessed with a female child - At such stage, wife of petitioner would require company of her best companion i.e her husband - Without going into merits of case or factual allegations, interim bail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Court cannot automatically acquit an accused under NDPS Act merely because witnesses did not turn up - Courts have power to compel attendance of witnesses using various provisions of Cr.P.C - Court must assess entire evidence presented and determine if prosecution has proved its case beyond a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Non-examination of independent witnesses is not by itself fatal to prosecution, particularly in prosecution under NDPS Act where operations often take place under challenging circumstances...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Non-joining of independent witnesses - Evidence of official witnesses consistent and coherent - Their depositions corroborate each other on all material particulars and no material has been brought out in cross-examination to cast doubt on their credibility - Absence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Chain of custody in the case remains clear and continuous - No evidence on record to indicate tampering, substitution or mishandling - Forensic report confirms presence of cannabinoids in sample, which stands in complete harmony with seizure - In these..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Reduction in weight of contraband is sufficiently explained by natural drying and loss of moisture, a fact also recorded by PW6 in Analysis Report, which notes that sample contained dry, broken fragments - High Court rightly held that minor variations in weight,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Sample packets were duly sealed with signatures and seizure details - Seized material along with samples was produced before Magistrate - Scientific Officer affirmed that seal on packet received for analysis was intact and bore correct identifying particulars -..........
