Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 1 kg. - Protracted trial for 11 years - No offence committed after registration of the case or earlier thereto - Appellant sole bread earner of the family and has large family to support - Sentence reduced from 3 years RI to 1-1/2 years RI - Sentence of fine maintained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Accused found in possession of 20 Kg of poppy husk - Accused convicted and sentenced by trial court - Accused suffered protracted trial of 10 years - Accused not a previous convict and in the last 10 years, committed no offence - sentence reduced from 3 years RI to 9 months RI...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Opium - Recovery of 4 Kg. from two plastic packets in the bag - Search memo prepared in presence of independent witness - Report of FSL that recovered material is opium - Held, in view of statement of prosecution witnesses, FSL report, seizure memo etc. conviction of accused upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Recovery of - Sample - Heavy burden lies on the prosecution to prove that the sanctity of the sample analyzed by the Forensic Science Laboratory was not breached right from the preparation of the samples to its delivery at the Forensic Science Laboratory...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Recovery of 16 kg. and 2.650 kg. of ganja from two bags in the house search of accused - Entirely contradictory evidence when sample and seized property were deposited in Malkhana and when it was taken and deposited with FSL - Seized property not produced before trial Court on the date of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Compliance of provision of S.50 NDPS Act - Communication need not be in writing - However, such communication should be made in the presence of some independent and respectable persons witnessing the arrest and search...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Compliance of provision of S.50 NDPS Act - Offer of search in presence of a Magistrate or a Gazetted Officer is altogether different from making aware the accused that he has such a right - When accused is asked but not made aware of his right then there is no compliance of provision of S.50 NDPS Act and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(b) -- Quantum of sentence - Effect of amendment - Accused found in possession of 40 Kg of poppy husk on 17.4.2001 - Trial court awarded sentence of 10 years RI on 25.10.2001 - Act amended on 02.10.2001 - After amendment 40 Kg poppy husk declared as non-commercial - Held, amended provisions apply - Sentence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Secret information received about commission of offence under the Act - Has to recorded in writing and communicated to superior officer within a time frame - Mandatory provision not complied with - Vitiates the proceedings...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Statement before any authority may bind the maker but not those who had been implicated therein...........
