Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 9 kg. of heroin - Non examination of public witnesses - One witness died and the other left the given address - No adverse inference can be drawn against prosecution for non examination of public witnesses - Further in the absence of deposition of public witnesses, the testimony of official..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 31, 31A, 29, 21 -- Second offence - Recovery of 9 kg. of heroin - Accused convicted and sentenced to 15 years RI and to pay fine of Rs.2 lakhs - Accused was previously convicted u/ss 29 r/w S.21 of the Act and sentenced to 15 years imprisonment and to pay fine of Rs.2 lakh - In appeal sentence was reduced to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Secret information - Compliance of S.42 of Act - Crime Branch Incharge recorded mukhbir suchna in rojnamcha sanha and also sent a copy thereof to superior officer - Held, provision of S.42 of the Act is complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search of person - Assistant Sub-Inspector informed appellant about his legal right u/s.50 of the Act to be searched before a gazetted officer or before a Magistrate or before him - Held, provision of S.50 of the Act is complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search and seizure - Applicability of provision of S.50 - Held, S.50 of the Act would not be applicable when search is made of a house or a vehicle or a container or a bag or premises - In instant case, search was made of house of appellant, therefore, S.50 of the Act is not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 57 -- Delay in sending sample to chemical Examiner - Effect - Delay of mere 4 days in sending sample to FSL - It is not proved as to how delay of 4 days affected examination when it could not be proved that seal of sample was, in any manner, tampered with - Seal found intact at the time of examination by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search and seizure - Non-compliance of S.50 - Statement of Investigating Officer that he has given option to accused to be searched before Gazetted Officer or Magistrate - No reference either in his statement or in memo that at any point of time before personal search of accused he was apprised of his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Contraband - Illegal possession - Acquittal - Validity - SDPO not produced and examined at trial to prove that exercise of search, seizure and recovery of contraband and arrest of accused was a legitimate and lawful exercise conducted in conformity with mandatory provisions of NDPS Act - Evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 42 -- Recovery of Ganja - Compliance of S.42 - Sub-Inspector (PW9) received secret information - He entered it in rojnamcha sanha and also prepared mukhbir suchna panchnama and transmitted it to SDO immediately - Held, there was substantial compliance of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 50 -- Recovery of Ganja - Search of a person - Held, officer who is to search a person is required to inform that person about his right to be searched by a nearest Gazetted Officer or by a nearest Magistrate - If person gives his consent to be searched before a Gazetted Officer or before a..........
