Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8,15 -- Poppy husk - Recovery of 49 bags from a truck - Sample - Taken out from each and every bag mixed at the spot and mixture divided into two parts - One part sent for analysis - Not fatal to prosecution case as (i) when substance taken out from each of the bag was smelt it gave the smell of poppy husk and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35,54,8,15 -- Recovery of contraband - Conscious possession - Prosecution has to prove that recovered contraband was in possession of accused - Once that burden is discharged by prosecution, then burden shifts on accused to prove beyond reasonable doubt that although recovered contraband was found in his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35,54,8,15 -- Poppy husk - Recovery of 49 bags from truck - Appellant was found sitting in truck as a driver - It was for appellant to prove beyond reasonable doubt that he was not knowing the fact that in truck, apart from bags of turmeric, bags of some contraband in a concealed condition are also loaded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Heroin - Recovery of 740 gms. - Recovery less than commercial quantity - Accused is liable to be convicted u/s 21(b) and not u/s 21(c) of the Act - Sentence reduced from 12 years to 10 years...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Default sentence - Reduction of - Appellant stands convicted u/s 20 of NDPS Act, 1985 and has been sentenced by High Court to undergo imprisonment for ten years and to pay a fine of Rs.1 lakh and in default of payment of fine to undergo rigorous imprisonment for a period of two years - As of today..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 21 -- Provision of S.50 of the Act is mandatory - Non compliance with the mandatory provision - Accused is entitled to acquittal - Accused cannot be convicted on the basis of proof of prosecution case when there is non compliance with the mandatory provision of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of smack from possession of accused - Accused was informed that a Gazetted officer or a Magistrate could be arranged for taking his search, if he so required - Held, this intimation could not be treated as communicating to accused that he had a right under law to be searched before said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Criminal Procedure Code, S.161, Constitution of India, Art. 21, 22 and 29 - Interrogation of a person in presence of his lawyer - Held, accused cannot claim as of right the presence of his lawyer at the time of his interrogation - However, in the instant case, keeping in view the heart disease from which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Seizure of contraband - Applicability of S.42 - Held, S.42 of the Act applies to a case where an officer concerned on information received or having reason to believe from personal knowledge that any offence has been committed in relation to any drug or psychotropic substance etc. and which is kept or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Chance recovery - Independent witnesses - Held, case of prosecution cannot also be thrown out on ground of non-inclusion of independent witness nor it is mandate of law to include independent witness(s) in above situation, as it is a case of chance recovery...........
