Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of 1 kg charas - One out of four police officials examined - Prosecution must have examined two witnesses of fact to prove its case - Single official witness is not sufficient to prove the case - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Recovery of 1 kg charas - Non measuring of weight of contraband substance recovered on the spot by scale or balance establishes that prosecution failed to prove the offence - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43 -- Recovery of 72 kg illicit poppy straw - Chance recovery - Search and seizure proceedings were undertaken at a public place - Vehicle carrying contraband was stopped while in transit without there being any prior information - Provisions of Ss.41, 42 of the Act not applicable - Entire search and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Recovery of 72 kg illicit poppy straw - Chance recovery - Surprise check can be made by any police officer at a public place or while contraband is in transit without being specially empowered in this behalf - Contention of petitioners that seizure officer was not authorized to conduct search and seizure..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43, Criminal Procedure Code, 1973, Section 482 -- Contraband - Validity of search and seizure - Quashing of proceedings - Admittedly, 107 kg of poppy straw was seized during routine nakabandi without prior information from a vehicle in transit through National Highway, a public place - Manifestly, the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Evidence Act, 1872, Section 154 -- Recovery of 4 kg 400 gms charas - Hostile witness - Recovery effected from bag kept beneath three seater bench of bus - Independent witness supported prosecution case, whereas, PW3 (conductor of bus) desisted from lending support to entire prosecution case - However, PW3..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 4 kg 400 gms charas - Search and seizure - Identification of possessor of bag - Recovery effected from bag kept beneath three seater bench of bus - However, it was not sure as to whom that bag belonged - There is material contradiction with regard to identity of possessor of bag in which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kg charas - Recovery effected from the bag - Personal search of both the accused was also carried out - Accused were informed that they have a right to be searched before gazetted officer or a Magistrate, to which they declined and gave their consent to be searched by police party - No reason..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 310 kg poppy straw - Recovery effected from co-accused - No recovery effected from petitioner - Vehicle carrying contraband was registered in the name of petitioner - Rigor of S.37 of NDPS Act not applicable - Without expressing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Vehicle involved in NDPS Act - Vehicle carrying 22 kg poppy straw i.e below commercial quantity - Merely because vehicle is likely to be confiscated after trial, conditional release of vehicle on "supardagi" cannot be denied and..........
