Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 400 gms charas - Search and seizure - Non-preparation of CFSL Form at the spot - Accused while referring to statement of ASI could not point out that any suggestion given to him that CFSL form was not prepared at the spot - He was the best person to tell as to whether CFSL form was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Search and seizure - Non-joining of independent witness - Merely because independent public witness did not join investigation, prosecution case cannot be doubted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Search and seizure - Merely not informing concerned Police Station of area and failure to test material recovered through equipment but by only smell, cannot in any manner affect the prosecution case which is otherwise duly proved through testimonies of witnesses who..........
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 50 -- Recovery of 1.5 kg charas - Applicability of S.50 of the Act - Search of bag of accused as well as his trousers were conducted by PW2 - Search conducted was not only of the bag but also the person of accused - Provision of S.50 of the Act is applicable to the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1.5 kg charas - Search and seizure - PW2 and PW4 on different occasion apprised accused of his legal right to be searched either in presence of a gazetted officer or a Magistrate - Options given by both PW2 and PW4 were unambiguous - Merely because the appellant was given an option of searching..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40.500 kg of poppy husk - Search and seizure - Sample parcels were not drawn in presence of Magistrate, as contradictions were found in statement of Gazetted officer and PW6 regarding same - No document was collected by police in respect of ownership of car in which contraband is found - Case..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Bail - Offence u/ss 15, 61, 85 NDPS Act - Recovery planted upon petitioner just to save owner of truck and rope petitioner - Petitioner is neither owner nor conductor nor driver of truck involved - Even, joint offer of search was given to accused persons..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 51 -- Search - Compliance with the mandatory provision - Superintendent of NCB is duly authorizes to personal search - Notice u/s 51 of NDPS Act is mandatory and was given to accused before conducting the search by superintendent - Recovery of 8 kgs. `Heroin' is unlikely to be planted by NCB officials from their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 51 -- Contraband - Facts indicate that accused `S' and `J' were arrested with contraband and `S' was badly tortured and made to give statement u/s 67 of NDPS Act - Then at midnight `S' was taken to his home, from where his father `B' was picked up - No personal search of accused persons was conducted at the..........
