Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b) -- Recovery of 115 intoxicating tablets - PW1 and PW2 proved recovery of 115 intoxicating tablets from conscious possession of appellant, who had thrown polythene pouch on the ground on seeing police party - Even, ASI also categorically stated that recovery was effected from appellant and had supported the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Secret information - Where an information is received by an officer who is not a gazetted officer but an empowered one and neither is he a peon, sepoy or constable, he is bound to record said information in writing and proceed to search any building, conveyance or place - Information received..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Secret information - Applicability of S.42 of the Act - Where secret information is received in terms of S.42 of the Act, then search of a private conveyance even in a public place/transit would require compliance of Ss.41(1) and 42(2) of the Act i.e. the information so received must be taken..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search of accused must be carried out in presence of Gazetted Officer or Magistrate only - Question of giving a third option of search being conducted by a member of police party, none of whom are Gazetted Officer, does not arise - However, where accused voluntarily expresses his willingness..........
Constitution of India, 1950, Article 21 -- Fair trial - Principles of fair trial - Fair and just investigation is starting point of fair trial process - This process is a triangulation of rights of accused, victim and community that acts through the state and prosecuting agencies - Process of investigation and trial must be completed with promptitude - Trial Judge has to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 222.800 kg ganja - Conviction - Appreciation of evidence - As per record, the police had adopted a correct procedure and the entire proceeding of search and seizure was found genuine - Further, independent witnesses have duly supported the prosecution case about stopping of vehicle,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 222.800 kg ganja - Conviction - Non compliance of Standing Orders 1/89 issued by government for drawing of sample - Mere non compliance of the procedure for drawing of the sample does not vitiates the entire search and seizure proceedings, when other evidences have duly supported the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 222.800 kg ganja - Conviction - Non compliance of provision of S.50 NDPS - Ganja was recovered from the vehicle of accused persons - Search of vehicle cannot be held as personal search, thus Sec 50 not applicable - No violation of mandatory provisions - Conviction upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 52A -- Contraband - Bail - Petitioners had already undergone 2 years out of sentence of 5 years - Issue of applicability of S.53-A of the Act for search and seizure proceedings are pending in SLP - Petitioner is entitled to bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 50, 42 -- Contraband - Recovery of 236 cough syrups containing psychotropic substances - Though independent witnesses turned hostile, they admitted their signature on seizure documents and entire seizure of contraband has been proved through reliable coherent evidence of investigating officer - Even,..........
