Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A -- Contraband - Receipt of part payment of sale consideration of contraband reserving the balance to be paid at a later stage of time - Does not attract the offence of 'financing' within the meaning of S.27-A of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Opium - Recovery of 2.5 kg. - Sample found to be containing 2.47% morphine and thus total quantity of morphine recovered comes to about 59.28 gms. - Appellant already undergone almost 4 years, 3 months and 20 days sentence - Sentence reduced to already undergone...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Secret information received by Police Official while on patrol duty - Information passed on to superior officer by wireless - It is a substantial compliance of the provision of S.42 of the Act - Had the police officer not moved right in the earnest, accused would have had an opportunity to remove the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 20, Criminal Procedure Code, 1973, Section 437 -- Bail - Offence u/ss 8/20 NDPS Act - Recovery of charas - Actual weight of charas not ascertained by seizing officer - Report of chemical analysis not yet received - Nothing stated as to how the sample was taken either by the seizing officer or by the I.O...........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 37(d)(b)(2) -- Suspension of sentence during pendency of appeal against conviction under NDPS Act - Held, taking into consideration the facts and circumstances of the case, in case delay in disposal of appeal is not attributable to the appellant himself, Court may..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence under NDPS Act - Liberal approach in the matter of bail under NDPS Act is uncalled for - Condition for granting bail specified in S.37(1)(b) of NDPS Act are in addition to the limitations provided under the Cr.PC. or any other law for the time..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 12 kg. - Report of Chemical Examiner not exhibited - Unsigned copy of Chemical Examiner report supplied to accused - Prosecution neither denied supply of such unsigned photocopy nor examined Chemical Examiner - CFSL form not prepared at the spot - Independent witness not joined and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of opium from plastic bag carried by accused - Search before Naib Tehsildar - Accused contended that Naib Tehsildar was neither gazetted officer nor Magistrate and thus there was no due compliance of S.50 of the Act - Contention repelled - Held, though Naib Tehsildar is vested with the power of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of contraband - No independent public witness joined at the time of alleged recovery - Held, it will not render the prosecution case fragile - Investigating officer testified that though efforts were made to join such witnesses but none was willing to join because of fear that it will result in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of contraband - Case property when produced in court did not bear one of the three seals fixed on it and also item no. of the police station was missing - Held, it will not render the prosecution case doubtful as there was every possibility that the seal on the case property had become brittle due..........
