Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 kgs Ganja - Ganja recovered from gunny bag - There was no personal search of accused - Compliance of S.50 of the Act therefore, is not necessary and I.O was not at all supposed to comply it...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4), Criminal Procedure Code, 1973, Section 46 -- Recovery of 3 kgs Ganja - Arrest of female accused - There is no female members in raid party - However, it is no case of accused before PW2 that he violated S.46 Proviso Cr.P.C - So statutory presumption u/s 46 Proviso Cr.P.C is that accused submitted herself..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 100 gms intoxicant powder - Recovery effected from the bag carried by accused - Personal search of accused was not conducted - S.50 of the Act is not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of Charas - Packets of Charas were found from the body search of accused - Accused were not informed about their right to be searched before a Magistrate or a Gazetted Officer - There was thus, a violation of safeguard provided by S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 30 kg poppy husk - Personal search of accused was also conducted along with recovery of poppy husk from the truck - It is thus, obligatory on the part of I.O to produce accused before nearest Magistrate - There is thus, non-compliance of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 8 packets of Microlit tablets, each packet containing 100 tablets - Recovery of contraband and personal search of accused also conducted - Mandatory provision of S.50 of the Act not complied with as search was not conducted in the presence of a Gazetted Officer or a Magistrate - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 kg Charas - Mandatory provision of S.50 of the Act applies when contraband is recovered and personal search also conducted - Accused must be aware that it is his legal right to be searched before a Gazetted Officer or a Magistrate - Mere enquiry by police officer in this regard will not serve..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 500 gms Smack - Accused was never informed regarding his statutory right to be searched before Magistrate or Gazetted Officer - There is gross violation of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6 kgs opium - Recovery of contraband had taken place from bag which was held by accused in his hand and not from personal search of accused - Question of compliance or non-compliance of S.50 of the Act is irrelevant - S.50 of the Act not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6 kgs opium - Search and recovery from a bag, brief case, container etc. does not come within ambit of S.50 of the Act...........
