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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of contraband - Application moved by wife of accused to the DIG that police took the accused from the house as he was wanted in a case u/s 294 IPC and thereafter he was framed in the present case under NDPS Act - Held, said application was moved after 4 months of recovery - This period was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Smack - Recovery of 21 packets containing 10.5 kg. - 21 sample of 50 gms each sent for chemical examination - FSL found weight of some of samples 47 gms. - Weight of other samples also differed - Discrepancy in weight not explained which is a material fact in the prosecution story - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conscious possession - Recovery of six bags of poppy husk from Maruti Van - Van driven by accused - Co-accused was sitting by the side of accused - Held, accused was in conscious possession of contraband substance - Conviction upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 42, 50, 57 -- Poppy husk - Recovery of 71 bags from a truck - Bags of Poppy husk were in exclusive and conscious possession of accused, driver of the truck and they had knowledge of the same - No contradiction, inconsistency and unnaturalities in the statements of prosecution witnesses - Prosecution..........
