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 20(b)(ii)(C), 25, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 140 kg Ganja - Accused was found driving vehicle at the relevant time and in the said vehicle contraband article in huge quantity of 140 kg was found concealed - Since such quantity makes out a voluminous package, it would..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 70 kg Ganja - Secret information - PW4 upon receiving secret information recorded Sanha in Station diary - But said Sanha was not reported to immediate superior official prior to conducting search and seizure - Additionally prosecution failed to establish existence of any special circumstances..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 70 kg Ganja - Non-compliance of S.52-A of the Act - Procedures relating to sampling, sealing and dispatching the seized samples to Laboratory were not complied - There is thus, violation of Standing Order no 1/88 issued u/s 52-A of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 70 kg Ganja - Place of recovery - Recovery effected from the house of accused - However, I.O. neither provide any description of witnesses who pointed out place of recovery nor did he mention the name of witnesses in whose presence inspection of spot was done - Site map of spot also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 70 kg Ganja - Non-examination of independent witness - Severe inconsistencies in testimony of official witnesses regarding presence of seizure witnesses and preparation of seizure list - No independent witnesses were called to the spot but they were later called to sign the seizure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 8(c), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of Ganja - Commercial quantity - Samples taken at the spot sent for Chemical Analysis but sample taken before Magistrate not sent for Chemical Analysis - Accused has made out case for bail - Contraband seized is commercial quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii) -- Contraband - Bail - Recovery of 247 kg. Ganja - Accused already spent more than three and a half years in custody - Conditional liberty in a case of prolonged incarceration, must override the statutory embargo created u/s 37(1)(b)(ii) of the Act - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii) -- Contraband - Bail - Recovery of 247 kg. Ganja - Accused already spent more than three and a half years in custody - Formation of opinion as to whether there are reasonable grounds to believe that accused is not guilty, the same may not be formed at this stage when accused has already spent more..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 23(c), 25 -- Recovery of 511 kgs Ganja - Search and seizure - Samples were drawn in malkhana after a month of seizure and were sent to FSL after 18 days - No explanation given for such delayed sampling or dispatch of samples to laboratory for confirmation whether seized articles were narcotics or..........
