Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of contraband - Search and seizure - Non-compliance of S.50 - Police officer in normal course of investigation of an offence or suspected offences as provided under provisions of CrPC when happens to stumble upon possession of narcotic drug or psychotropic substances - Held, S.50 of the Act would..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of 510 gms intoxicant powder which is little more than the no, commercial quantity - Petitioner is more than 50 years of age - There is no other case pending against her - Petitioner is behind bars since 19.01.2003 - Out of nine prosecution..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 57 -- Contraband - Conviction - Validity - Nothing on record to show that alongwith appellant, contraband recovered from him or sample drawn were produced before trial Court - Sample seal and malkhana register not produced on record - 10 days delay in sending samples for chemical analysis - No paper on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 53 -- Officer of NCB - Power of investigation - Held, power of investigation vested with empowered Officer of NCB under the Act is not analogous to powers of investigation conferred on a police officer under Chapter XII Cr.P.C. - Expression `investigation' of offences in the Act is restricted to carry out duties..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23, 67, Evidence Act, 1872, Section 25 -- Recovery of contraband - Retracted confession - Appellant retracted from his confession only at the time of recording of statement u/s.313 Cr.P.C. - Confessional statement corroborated by statements of PW4 & PW5 who have seen appellant throwing packet while raising..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23 -- Recovery of contraband - Appellant found in possession of manufactured drug and also importing same to India - Held, he is liable to be punished both u/ss 21 & 23 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23 -- Recovery of contraband - Conviction - Reduction in sentence - Seizure of 8 kgs of heroin - Appellant `A', member of disciplined force, deputed to guard border of country involved in facilitating smuggling of heroin - Appellant `A.S.' helped in smuggling of heroin only for money and this was not his..........
Evidence Act, 1872, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23, 67 -- Recovery of contraband - Confession - Proof - Contention that independent witnesses associated at time of recording of confessional statement were not examined - Held, recording of confessional statement is by an empowered officer, therefore, such statement can be..........
Evidence Act, 1872, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 67 -- Recovery of contraband - Confessional statement - Perusal of confessional statement shows that appellant gave graphic detail of manner of operation regarding importation/transportation of drug - Such statement stands corroborated by confessional statement of co-accused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42(a) -- Contraband - Accused acquitted on the grounds : (i) No explanation for delay of 12 days in sending sample for chemical examination; (ii) Seal after use was not handed over to independent witness; (iii) Secret information was not reduced into writing and copies of same were not sent to higher..........
