Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 130 gms smack - In absence of any independent public witness, Court is required to examine evidence led by prosecution with more care and caution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 130 gms smack - Madd number which is number assigned by Head Constable when parcels is kept in Malkhana, is mentioned on polythene containing case property - There is no dispute with regard to identity of parcel which was stored in Malkhana - Contention of accused that madd number not mentioned..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 130 gms smack - I.O deposited case property with Head Constable and on next day after taking delivery from Head Constable case property was produced along with accused before Court - Thus, there is no violation of provision of S.55 of the Act - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 130 gms smack - Non-commercial quantity - Accused already undergone substantive part of his sentence - Sentence of accused thus, reduced to period already undergone by him...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(ii)(c), 21(B) -- Recovery of 3 kg charas and 50 tiny packets of smack - Search and seizure - I.O was junior to complainant who was i, charge of police station and was rank of inspector - Investigation therefore, could not be termed as fair investigation rather it will be treated as tainted - No reliance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(ii)(c), 21(B), Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Recovery of 3 kg charas, 50 tiny packets of smack and illicit arms - Search and seizure - Contraband was not weighted on the spot by arresting team and weight was assessed as per speculation - It cannot be said that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 5 kg 150 gms smack - Secret information - Applicability of provision of S.42 of the Act - Where search is made by Gazetted Officer, he does not require obtaining search warrant before making search - Neither information received by Gazetted Officer be reduced in writing, nor need to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 5 kg 150 gms smack - Search and seizure - Where not only search of vehicle but search of person of all three accused was also made, it was thus, mandatory for police to make compliance u/s 50 of the Act, even though no contraband was recovered from person of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 5 kg 150 gms smack - Search and seizure - Accused were apprised only about their rights to be searched in presence of a Gazetted Officer and not in presence of Magistrate - Provision of S.50 of the Act not complied with, which vitiates conviction of accused - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(ii)(C) -- Recovery of 5 kg 150 gms smack - Search and seizure - Infirmity found in regard to seal used in sealing sample contraband which was sent to FSL - Procedure prescribed for collecting sample by Narcotics Control Bureau not even remotely followed - Packets recovered of contraband not weighed separately..........
