Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of contraband - Acquittal - Validity - Accused persons ran away on seeing police but overpowered by witnesses - On being searched, nine and five small packets containing charas recovered from accused No.1 & No.2 respectively - NCB Form, required to be prepared in triplicate, was not produced in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of contraband - Non-production of NCB Form - Effect - Held, no, production of NCB Form is a serious matter and cannot be lightly overlooked...........
Evidence Act, 1872, Section 3, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Recovery from the search of tractor trolley - Contradiction in the statement of PWs with regard to the mode of transportion and preparation of other records - Contradictions or defects in the statement of police witnesses takes the complexion of material..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Chance recovery - Two accused escaped from the spot but were identified by Head Constable who was member of police party - Prosecution failed to prove the presence of escaped accused at the place of occurrence - IPS officer in whose presence the entire search was supposedly conducted, could..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Recovery from a tractor trolley which was in transit in public place - Question of compliance or non compliance with the provision of S.42 of the Act is inconsequential...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Recovery from tractor trolley - S.50 of the Act is not applicable as recovery was not made from the person of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Conviction set aside - Recovery of poppy straw from car - Written option of search given to both appellants jointly - No doubt, S.50 is not attracted as recovery of contraband is not from person of accused - But when prosecution states that option u/s 50 of the Act was given and that option is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy straw - Custody of sample from 11.6.2001 to 13.6.2001 not explained - There can be chances of tampering with the sample - In case there are chances of tampering with the sample, the benefit of doubt goes to accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 457, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Seizure of motor cycle used for transporting contraband - Release - Interim release/custody of vehicle - S.60(3) of NDPS Act is not a bar for interim release of vehicle...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50 -- Provisions of Ss.42 or 50 of the Act are the provisions which require exact and definite compliance as opposed to the principle of substantial compliance...........
