Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of opium from a bag carried by accused in his hand - Provision of S.50 of the Act does not apply...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 10 Kg. opium whereas it was stated to be 20 kg. in the press note issued by SSP - Veracity of the contents of press note accepted by PW3 Superintendent of Police (Headquarters) - Held, recovery of 10 kg. of opium from the accused becomes suspect - Accused acquitted...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Contraband - Recovery of 3 Kg. of smack - Challan when not filed within period stipulated, accused gets an indefeasible right to the grant of bail and Court is to grant bail...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Contraband - Recovery of - Challan not filed within 180 days - Extension of time - Neither any report of Public Prosecutor indicating progress of investigation nor any specific reason for detention of accused beyond period of 180 days given - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(b) -- Recovery of 175 grams of smack powder - Seized substance deposited in Malkhana after two months of seizure and there was no explanation where it was kept during all this period - Delay of six days in depositing sample with FSL and no explanation as to how sample was handled during this period -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(b) -- Recovery of 175 grams of smack powder from three accused - Conviction by trial Court upheld by High Court - One of the accused filing appeal in Supreme Court and acquitted - Facts, circumstances and prosecution lapses equally applicable to the other two accused - Conviction of other two accused also..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xv) -- Coagulated - Means solidified, clotted, curdled something which has commenced in curdled/solid form...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xv) -- Offending material when falls in clause (a) then proviso to S.2(xv) does not apply - Proviso applies only in case contraband recovered is in the form of a mixture which falls in clause (b) thereof...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 2(xv) -- Substance recovered commercial quantity in the form of coagulated juice of opium poppy - It was not a mixture of opium with any other neutral substance - There was no preparation to produce any new substance from the said coagulated juice - FSI report that substance is opium in which percentage of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Chemical analysis of contraband material is essential to prove a case against the accused under the Act...........
