Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for completing investigation - Neither report of Public Prosecutor is on record of Court below, nor there is any reference to any such report of Public Prosecutor in impugned order of extension of time - Even, communication of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C) -- Recovery of 76.700 gms Ganja - Finding source of Narcotic Drugs is an important investigate effort but failure to find out source of procurement by itself is of no consequence in a trial held against accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C) -- Recovery of 76.700 gms Ganja - Recovery effected from luggage box of bus - PWs 1 and 2 were the drivers on the bus at the relevant time - They are strangers to accused and police and are neutral - Their position is equivalent to position of any of other passengers in the bus - Therefore,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 76.700 gms Ganja from luggage box of bus - Nothing was seized from the hands of accused or from pant pockets or from their body parts - There was no personal search - When there was no personal search, S.50 of the Act does not operate - Question of compliance of S.50 of the Act does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 57 -- Recovery of 76.700 gms Ganja - PW5 submitted report to his immediate superior officer within 24 hours well within time as provided u/s 52 of the Act - Accused were also produced before Court without any delay - There is thus, full compliance of Ss.52, 57 of the Act - Accused rightly convicted...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 8(c), 20(b), 20(a)(i), 20(b)(ii), 37 -- Bail - Six plants weighting 5.050 Kg found in possession of accused - Even if presumed all parts of plants to be Ganja the same is less than commercial quantity and higher than small quantity - S.37 of NDPS Act not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Slight contradictions between PWs regarding deposit of case property but same could be due to error of memory - In the absence of proof of seals being broken, chances of tampering are not there and no prejudice can be said to have been suffered by accused on this count...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Non-joining of independent witness at the time of recovery is not fatal to prosecution case, if evidence of official witnesses is reliable - Moreover, solely on this issue, no benefit can be extended until some prejudice suffered is brought on record by accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 30 kg poppy husk - Non-compliance of S.52-A of the Act - Prosecution failed to produce any material with certainty that FSL report is in regard to bulk residue parcel submitted before Magistrate which was lying without opening and preparing its sample as per provision of law - There is thus,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 30 kg poppy husk - Search was effected from the bag which was lying near the driving seat of vehicle and search was not of person of accused - Question qua non-compliance of S.50 of the Act does not arise...........
