Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50, 57 -- Non compliance of mandatory statutory requirements of Ss.42, 50, 57 - Accused has to be acquitted if non compliance of statutory requirement is proved irrespective of the volume of evidence proving factual aspects...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Report - u/s 57 of the Act must contain, all the details of detection process including place searched, manner of search, compliance of requirements u/ss 42 and 50 of the Act, details of contraband seized on arrest, details of person arrested on search, date and time and also other details of search,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Report u/s 57 of the Act - A different person is not expected to send report u/s 57 of the Act and a superior officer other than the immediate official superior of the detecting officer, is not expected to receive such report...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 2 kg charas - Witnesses of fact stated that information regarding recovery was communicated to Higher Authorities only by RT set which would not be in accordance with law - Compliance of S.57 of the Act held, not made out...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 1200 gms charas - Non-compliance of S.57 of the Act - After arrest of accused and sealing of contraband, information regarding the same has to be forwarded to immediate superior officer within 24 hours but there is no evidence to establish and prove the same - Mere deposition of PWs in this..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of charas - Plea that information regarding arrest of accused and seizure not sent to Superior Officer and thus provision of S.57 of the Act not complied with - Accused not to benefit from this plea as compliance of S.57 of the Act is not mandatory...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 57 -- Recovery of 203.5 kgs ganja - Search and seizure - Oral and documentary evidence on record shows that samples and seized contraband were duly sealed, specimen seal was also affixed in seized contraband as well as samples and seizure memo - Seized contraband as also samples were deposited in Malkhana -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 1 kg 100 gms Charas - Non-compliance of provision of S.57 of the Act - Special report was immediately sent to authorities as per testimonies of PW7 and PW11 - Merely because there is some overwriting and correction in record with regard to special report, that does not render prosecution case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 6 cakes of charas - Search and seizure - Compliance of S.57 of the Act by itself is not mandatory but directory only, it may not vitiate recovery of contraband substance single handedly - But, in case it is found that accused is prejudiced by its no, compliance, it may adverse impact on case of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 75 gms opium - Search and seizure - Recovery of contraband made by PW1, who is Sub-inspector - PW1 is thus, covered u/s 42 of the Act being an officer superior in rank to a peon, sepoy or constable - He is thus, required to carry out investigation in accordance with other provisions of NDPS Act..........
