Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of Charas and Poppy straw - Search and seizure - No material on record that samples were kept in safe custody after they were brought in Police Station till the time they were deposited with FSL - Two different stories emerge with regard to search of vehicle and recovery of contraband -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 75 intoxicant bottles of Wincriex - 100 ML - Petitioner has been in custody for over a year - Though charges have been framed, evidence of prosecution yet to begin - Petitioner is not involved in any other case under NDPS Act - Point raised..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Recovery of 35 strips of Spasmo Proxyvan capsules - As per FSL report said drug contains substance `Tapentadol' which is not manufactured drug and this drug does not even figure in the Schedule to NDPS Act - Drug recovered neither qualifies to be a manufactured drug/narcotic drug nor does it qualify to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 600 gms Charas - Search and seizure - Necessary procedure as required under the Act has also been found to be adopted - NCB form was partially filled on the spot by I.O - Recovered contraband in sealed packet was produced before SHO who after satisfying himself resealed the same - Nothing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 22, 50 -- Recovery of 1 kg 490 gms charas - Search and seizure - Neither intimation is sent to Superior Officer, nor any entry is made in the station diary - PW9 has sent 40 gms of muddamal to FSL whereas, as per letter of FSL, it has received only 28.526 gm - No explanation as to difference in weight is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence u/s 20(b) of Act of 1985 - Challan filed without FSL report - Not a complete challan - Accused is entitled to default bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Report of FSL is a public document and admissible in evidence - There is no requirement to call Director of that Laboratory to get report proved - Report on record shows that sample sent to it was found to be charas - Remaining recovered charas was produced..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 50,000 tablets of Tramadol - Interim bail till receipt of FSL report - Tablets were packed, manufactured in a factory, having batch number and expiry date - Salt, potency and weight of tablets were there on packing - It is not the case where..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 12 packets of poppy straw - Representative sampling - One out of 12 packets of poppy straw sent for FSL - No sample taken from the remaining 11 samples - There is thus, violation of Standing Order 1/89 dated 16.9.1989 section II General Procedure for Sampling etc. - Nothing on record to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 12 packets of poppy straw - Non-compliance of S.55 of the Act - No evidence adduced on behalf of prosecution that recovered poppy straw was kept in a sealed cover and specimen was made in a proper way in safe custody from date of recovery upto date of sending one packet for testing to FSL - No..........
