Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Accused was apprehended when he tried to flee after throwing some suspicious substance - He was found to be in possession of 100 gms of psychotropic substance as proved by chemical examiner - Consent memo reflected the compliance of S.50 of the Act - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Reduction of sentence - Accused belongs to poor strata of society and is the sole breadwinner of his family having aged mother, wife and two growing up children - He has faced the protracted trial for last 9 years neither committed any offence nor misused the concession of bail - Recovery..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 23(c) -- Offence u/ss 22(c), 23(c) of NDPS Act - Standing orders on sampling of contraband - Standing orders have to serve a certain purpose having been issued by NCB and cannot be rendered optional for compliance to investigating agencies...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 23(c), Criminal Procedure Code, 1973, Section 389 -- Contraband - Conviction - Suspension of sentence during pendency of appeal - Issue of improper sampling would have to be considered at the time of adjudication of appeal - However, since the accused has also undergone a substantial period of sentence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - No recovery has been effected from conscious possession of accused - Presumption u/s 54 of NDPS Act cannot be drawn - Accused does not have any pending case against him - Trial of case is not likely to be concluded at an early date - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18, Criminal Procedure Code, 1973, Section 427, 31 -- Contraband - Concurrent running of sentences - Two sentences passed against accused arising out of single transaction - Where an accused is convicted and sentenced for several offences at one trial, Court may direct that sentences shall run..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Applicability of S.42 of the Act - Search, seizure and arrest of accused was affected not by entering into any building conveyance or place but in a public place - S.43 of the Act is governing the power of seizure and arrest in public place - S.42 of the Act thus, not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1101 gms brown sugar - Bail - Petitioners were not forwarded to Court of Special Judge within 24 hours excluding the time taken for journey to Court - Time of medical examination is also found to be beyond 24 hours - What was the reason for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 23(c), 25 -- Recovery of 511 kgs Ganja - Search and seizure - Samples were drawn in malkhana after a month of seizure and were sent to FSL after 18 days - No explanation given for such delayed sampling or dispatch of samples to laboratory for confirmation whether seized articles were narcotics or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 23(c), 25 -- Recovery of 511 kgs Ganja - Search and seizure - Recovery not found to be admissible - Case against accused collapses - Accused acquitted...........
