Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 100 injections of G-Norphine and 1000 tablets of Phenotil without valid licence - As per report of FSL Diphenoxylate Hydrochloride (2.5 mg), Atrophine sulphate (0.025) and Buprenorphine (0.29) were found in injections and tablets - Diphenoxylate not more than 2.5 mg. - Quantity of atrophine..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Compliance with provision of S.50 of the Act is mandatory and it must be construed strictly - Merely informing accused of his option to be searched either in the presence of a gazetted officer or before a Magistrate is not the compliance of the provision - It continues even after that - It is required that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22,23,52,52A,53,55 -- Charas - Recovery of 1.5 kg. from luggage while accused travelling in a bus - Accused acquitted on the grounds : (i) What was the place where charas was stored or to whom they were delivered to for storage; (ii) (ii) No evidence that any inventory was prepared by getting a Magistrate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search and seizure - Non-compliance of - Effect thereof - Held, no, compliance with the provisions of Section 50 shall render the whole evidence and story of the prosecution regarding the search and recovery as also the seizure of the article suspect and that shall result in the accused being acquitted on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 2(xv), Evidence Act, 1872, Section 45 -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Charas - Hashish - Remnant material - As per FSL quantity recovered is less than small quantity - As per CRCL Laboratory quantity slightly more than small quantity - But not commercial quantity - FSL or CRCL reports nowhere mentioned what was remnant material - Held, entire recovered material cannot..........
Drugs and Cosmetics Act, 1940, Section 34 -- Prosecution of firm - Some banned drugs seized from premises of one of partners and not from premises of firm - No clear cut finding for taking action against licensee - Issue not examined in light of the provision read with rule 66 of rules - Case remanded for decision afresh...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 2(xxix), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 2(xxix) -- Magistrate - Appearing in NDPS Act specially in S.50 has always to be referred to as the Judicial Magistrate...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 2(xxix), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 2(xxix) -- Search - Accused was informed that the informant had a Magistrate available with him and his person will be search in his presence - Held, the informant was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 2(xxix), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 2(xxix) -- Search - Plea of non compliance of mandatory provision of S.50 of the Act - Search conducted in presence of Land Reforms Deputy Collector - Held, Land..........
