Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 1.5 kg charas - Non-compliance of provision of S.42 of the Act - Accused was walking along the picnic garden road - He was intercepted and detained immediately by raiding party in front of club, which was not a building, conveyance or an enclosed place - Place of occurrence was accessible to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32 -- Recovery of contraband - Arrest and recovery from a public place in presence of independent witnesses - Absence of signature in the arrest memo of a respectable member of the locality - Arrest may not have occurred in the manner as alleged leading credence to the plea of prior arrest and wrongful..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of contraband - Recovery from public place in presence of independent witnesses but absence of signature in the arrest memo of a respectable member of the locality - Statement of search witnesses not recorded on the day of seizure or soon thereafter but their statements recorded after one..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 52 kg poppy husk - Non-joining of independent witness - Place of recovery is petrol pump, a public place - However, no independent witness was joined - Though mere no, joining of independent witness is not fatal to prosecution version under NDPS Act - But in peculiar circumstances of case, when..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43 -- Recovery of 72 kg illicit poppy straw - Chance recovery - Search and seizure proceedings were undertaken at a public place - Vehicle carrying contraband was stopped while in transit without there being any prior information - Provisions of Ss.41, 42 of the Act not applicable - Entire search and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Recovery of 72 kg illicit poppy straw - Chance recovery - Surprise check can be made by any police officer at a public place or while contraband is in transit without being specially empowered in this behalf - Contention of petitioners that seizure officer was not authorized to conduct search and seizure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 22 kg 700 gm cannabis - Non-compliance of S.42 of NDPS Act - Place of occurrence is a public place - Instead of provision of S.42 of the Act, provision of S.43 of the Act is applicable - There was thus, no requirement to record information in writing and satisfaction as contemplated u/s 42..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 22.750 kg Ganja from accused no.2 - Non-compliance of S.42(2) of the Act - Secret information - Recovery effected from public place - Compliance of S.42(2) of the Act is thus, not necessary - Accused no.2 rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C) -- Recovery of 270 gms heroine - Non joining of independent witnesses when at the place of recovery there were certain jhuggies/temple/shops and public persons available - No plausible explanation as to why no such individual was requested to join investigation - Offences under the Act are serious and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 8 kg 100 gm opium - Non-production of independent witnesses - Recovery effected from public place - However, no efforts made by police to procure independent witnesses - Non-production of independent witnesses casts serious doubt on prosecution case...........
