Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Recovery of 72 kg illicit poppy straw - Chance recovery - Surprise check can be made by any police officer at a public place or while contraband is in transit without being specially empowered in this behalf - Contention of petitioners that seizure officer was not authorized to conduct search and seizure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43 -- Contraband - Difference between provisions of Ss.41, 42 and 43 of the Act - Searches u/ss 41 and 42 of the Act essentially is conducted in furtherance of prior information either received personally or from any other source regarding commission of offences under NDPS Act - Whereas, search u/s 43 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43, Criminal Procedure Code, 1973, Section 482 -- Contraband - Validity of search and seizure - Quashing of proceedings - Admittedly, 107 kg of poppy straw was seized during routine nakabandi without prior information from a vehicle in transit through National Highway, a public place - Manifestly, the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43 -- Search and seizure - Distinction between Ss. 41, 42, 43 of the Act - Search u/s 41, 42 of NDPS Act are essentially conducted in furtherance of information either received personally or from any other source regarding commission of offences under NDPS Act - Whereas those conducted u/s 43 of the Act..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Evidence Act, 1872, Section 114(g) -- Recovery of 800 gms charas - Search and seizure - Non-production of sample parcel sent for chemical examination in Court, is fatal to prosecution case for want of production of missing link between parcels produced in Court and chemical Examiner's report, particularly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 800 gms charas - Search and seizure - Depositions of spot official witnesses not found to be trustworthy, as discrepancies and contradictions were found in their statements with respect to sequence of events, missing narration of certain events claimed to happened by prosecution and also about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 22(C) -- Recovery of 98 kgs Ganja - Weight of contraband - Nothing on record to ascertain as to how narcotic was weighted at the spot - There is no reference of weighing of narcotics - Samples were never drawn from seized packets at the time of seizure - Witnesses before whom search and seizure was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 4 kg 400 gms charas - Search and seizure - Identification of possessor of bag - Recovery effected from bag kept beneath three seater bench of bus - However, it was not sure as to whom that bag belonged - There is material contradiction with regard to identity of possessor of bag in which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kg charas - Recovery effected from the bag - Personal search of both the accused was also carried out - Accused were informed that they have a right to be searched before gazetted officer or a Magistrate, to which they declined and gave their consent to be searched by police party - No reason..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 203.5 kgs ganja - Notice given to accused u/s 50 of the Act and after obtaining his consent where he agreed for his personal search as also for search of vehicle from police, search was made and in 17 gunny bags and certain objectionable thing found, which was later on confirmed to be ganja -..........
