Criminal Procedure Code, 1973, Section 311 -- Offence under NDPS Act - Summoning of call details of seizure officer and other police officials alleging that these officials were not present at the place of seizure on the date and time alleged - Summoning of call details is absolutely imperative for fair trial and providing a just opportunity of defence to accused - In..........
Criminal Procedure Code, 1973, Section 91 -- Summoning of call details of police personnel - Recovery of contraband - Petitioner stated that witnesses of recovery of narcotic were not present at the scene of crime at the time of preparation of seizure memo - But petitioner had not disclosed that from whom and when he received such information - No allegation made by..........
Criminal Procedure Code, 1973, Section 102 -- Seizure list - Preparation of seizure list must be in front of independent witness...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 23(c), 28, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of psychotropic Substance - Commercial quantity - Information regarding recovery was received by NCB from CISF Control room, Airport - Investigation of the case is conducted in a very perfunctory manner - Even the..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 23(c), 28, 29 -- Bail - Recovery of 490 gms methamphetamine (psychotropic Substance) - Commercial quantity - Search made by CISF officers who are not authorized officers - Petitioner was detained at airport and narcotic drugs were detected from hand baggage..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle in question - He claims to have sold the same to his brother through an agreement - Moreover, petitioner was not present in vehicle when seizure was effected and he is not the accused in the case - Even recovered..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 25 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 344 gms 900 gms poppy straw - Accused was not present in vehicle when seizure was made - Strong grounds available to accused so as to challenge judgment of conviction -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 439, Criminal Procedure Code, 1973 -- Bail - Recovery of 76 kg poppy husk - Seizure officer first took 500 gms of poppy husk from each bag, then he mixed the same and thereafter took samples from that mixture - He thus, did not collect separate samples from each bag - Even, test by U.N. Kit was also not..........
Criminal Procedure Code, 1973, Section 102 -- Seizure of property during investigation - Power of seizure in S.102 is limited to movable property and does not include the power to attach, seize and seal an immovable property...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- FIR - Murder case - Inquest report and recovery memo of dead body and seizure memo of clothes, did not bear FIR number - Sub-Inspector admitted that at the time of preparing these documents, FIR was not lodged - There was thus, overwriting in police proceedings of FIR number - It shows that..........
