Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - ASI/PW5 is the complainant and he also conducted investigation - Entire investigation stands vitiated on this account - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Non-joining of independent witness - Place of recovery is a busy road and there are residential and commercial establishments - No explanation is forthcoming as to why independent witnesses were not joined - Failure of I.O to associate an independent witness at the time of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 1 kg Charas - Recovery effected do not fall within definition of commercial quantity, as said quantity is not greater than quantity specified by Central Government vide its notification - Accused committed an offence punishable u/s 20(b)(ii)(B) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 1 kg Charas - Reduction of sentence - Accused who is about 49 years of age is the sole earning member of his family having four children to look after - He is not involved in any other criminal activities after his conviction and no other criminal case is pending against him -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Specific conditions as stipulated u/s 37 of NDPS Act for purpose of granting bail, cannot be ignored by Court while exercising power u/s 439 Cr.P.C, merely because some time elapsed since the date of arrest of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 140 kg Ganja - Accused was found driving vehicle at the relevant time and in the said vehicle contraband article in huge quantity of 140 kg was found concealed - Since such quantity makes out a voluminous package, it would..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35 -- Contraband - Presumption of culpable homicide u/s 35 of the Act would not apply in the case u/s 25 of the Act, if there is not even iota of evidence regarding knowingly permitting the usage of the things mentioned in S.35 of the Act for commission of the offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35 -- Contraband - Presumption of culpable homicide - Allegation that accused provided his tractor trolly to co-accused for transporting poppy husk - However, there is not even an iota of evidence that accused knew about co-accused transporting poppy husk in his tractor trolly or that he had permitted them..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 8 packets of Microlit tablets, each packet containing 100 tablets - Contents of sample received and examined by Chemical Examiner are incompatible with the alleged recovery and totally incongruous - Such mismatch completely suffocates the case of prosecution - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 8 packets of Microlit tablets, each packet containing 100 tablets - Recovery of contraband and personal search of accused also conducted - Mandatory provision of S.50 of the Act not complied with as search was not conducted in the presence of a Gazetted Officer or a Magistrate - Accused..........
