Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, Criminal Procedure Code, 1973, Section 439 -- Offence u/ss 8, 22 NDPS Act - Bail - Recovery of 500 gms. of illicit heroin from a bag carried in hand - Recovery is a commercial quantity - Bail rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42(d) -- Secret information - Raid at brick kiln at night time - It is incumbent for the IO to put in writing the reasons for not obtaining the search warrant or authorization - Provision of S.42(d) not complied - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conscious possession - Sitting on poppy husk bags - Not conscious possession if the residence or place from where the recovery is made, is not the ownership of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Material contradictions in the statement of official witnesses - Independent witness did not support the prosecution case - Acquittal of accused proper...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Link evidence - Dent in the link evidence when sample seal not sent to the office of Chemical Analyst for comparison with the seal impressions on the parcel containing sample - Held, report of Chemical Examiner cannot be said to have been sufficiently linked with the sample allegedly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 36A(4) -- Contraband - Commercial quantity - Unless there is material to indicate that commercial quantity is involved, Court cannot apply S.36-A(4) of the Act simply because an allegation is made without any material that commercial quantity is involved...........
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...........
