Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Accused found in possession of 2 Kg of opium, which is non-commercial quantity - Accused sentenced to 10 years RI - Accused a poor man and has large family to support - Faced protracted trial for 5 years - Sentence reduced from 10 years to 3 and half years and sentence of fine reduced from Rs.1 lakh to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(b) -- Accused found in possession of 25.5 Kg of poppy husk - Accused convicted and sentenced - Accused suffered protracted trial for more than 10 years - Accused was 35 years of age when recovery effected - Accused has large family to support - Sentence reduced to 1 and half years...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Conscious possession - Conscious means awareness about a particular fact, it is a state of mind which is deliberate or intended - Possession means the legal right to possession...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Conscious possession - Once possession is established, the person who claims that it was not a conscious possession has to establish it, because how he came to be in possession is within his special knowledge...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 25.500 kg. - Accused convicted and sentenced to 1 year RI - Accused suffered protracted trial for more than nine years - Sentence reduced to period already undergone i.e. 2 months and 17 days...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 32A, Constitution of India, 1950, Article 161 -- Remission - Petitioner seeking pre-mature release on various similarly situated criminal petitions - Embargo created u/s.32A of NDPS Act for grant of benefit of remission to convicts - Facts of instant petition reveal that the same are similar to those..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 15 -- Poppy husk - Secret information received - Recovery of 30 kgs. from two bags hanging on back side of a mare - Search not conducted in the presence of a Gazetted Officer or a magistrate nor an offer was made to the accused as to whether he would like to be searched in the presence of a Gazetted Officer..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Opium - Recovery of 2.5 kg. - It is not commercial quantity - For making a case of commercial quantity the quantity recovered should be greater, higher or more than 2.5 kg. - Period for filing challan 60 days - Challan not put within 60 days - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Contraband - Smack/heroin weighing 410 gms. recovered - Rate of purity not mentioned in FSL report - FSL report cannot be relied and acted upon because it lacks quantitative test - Substance recovered cannot be termed as `opium derivative' - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4) -- Personal search of a lady - Not conducted by female Police Officer - Contravenes provision of S.50(4) of the Act - Acquittal upheld...........
