Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 37 -- Bail - Commercial quantity of psychotropic substance - Recovery of 19 bags of poppy husk, containing 30 kg in each bag, i.e., commercial quantity recovered from truck of petitioner - Truck was sold to him by registered owner - Documents of truck was recovered..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Nine days delay in sending sample - No allegations that seals on samples ever tampered with or altered - Witnesses duly proved that Investigating Officer had taken sample parcel and personally sealed them - Report does not reveal any tampering with seals when reached Laboratory -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- are applicable in case of personal search but not in case of search of vehicle, dwelling unit, building or other conveyance which is not part of body. - Provisions of ,S. 50..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Search conducted in fair manner - Case property as well as samples were properly sealed - Case property produced before Magistrate without any delay and free from any tampering - Case property deposited in malkhana in safe condition - No link evidence missing - Prosecution proved..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of poppy husk by Investigating officer on receipt of secret information - He must reduce it into writing and send it to SHO and required to inform higher authorities - But it is not mandatory to reduce it into writing - Substitute is provided to Investigating Officer to send full particulars of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Bail - Recovery of opium and charas - Contention of petitioner that he was engaged as a driver by co-accused only from the last 10 days and had no knowledge that his co-accused was carrying opium and charas, therefore, he cannot be said to have been in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Destruction of seized opium - Remedial steps to plug the holes - Hazardous nature of the substance seized in large quantities all over the country must not be let loose on the society because of human failure or failure of the system - Amicus curiae appointed to assist the Court regarding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c),20(b)(i),50,42 -- Recovery of ganja packets from possession of accused - Conviction - Sustainability - Prosecution story that accused themselves took out Ganja packets from their pockets runs contrary to the version of PW1 and PW2, therefore, not inspire confidence - No clear communication to accused that..........
Narcotic Drugs and Psychotropic Substance Act, 1985, Section 15 -- Conscious possession - Recovery of 60 bags of poppy husk from canter - Conviction - Sustainability - Appellant apprehended at the spot whereas other co-accused managed to run away - Appellant was driving canter in question on day of recovery - Appellant pleaded that he was ignorant of fact that canter in..........
