Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Poppy husk - Recovery of 18 bags carried in a bullock cart - Search - High Court set aside order of conviction by holding that there is non compliance of mandatory provision of S.50 of the Act - Provision of S.50 not applicable in case of search of premises, vehicles or articles - Order of acquittal passed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i) -- Ganja - Recovery of - Panch witness turned hostile - On the strength of testimony of police officials alone conviction cannot be sustained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Confiscation of vehicle used in carrying contraband - Owner when not an accused - Vehicle cannot be confiscated without notice and opportunity to owner enabling him to take a defence that his vehicle is not liable to be confiscated and the same was so used without his knowledge and in spite of all..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60, 63 -- Confiscation of vehicle used in carrying contraband - Acquittal of accused - Confiscation of vehicle has no relevance with the conviction of accused - Accused whether convicted, acquitted or discharged, Court can still order confiscation of vehicle used in carrying the contraband...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 57, 50 -- Ganja leaves - Recovery from land of accused on receipt of information - Recovery effected in absence of accused - Non examination of Village Administrative Officer who accompanied raiding party - Mandatory provisions of Ss.42, 50 and 57 not complied - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 57, 50 -- Mandatory provisions - Compliance of - Failure of prosecution to produce positive evidence relating to compliance of mandatory provisions - No duty is cast upon accused to put such questions seeking further clarification filling up lacunae in the version of prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Recovery from more than one accused - Grant of bail - Quantity recovered cannot be divided equally between them for determining whether the quantity recovered can be termed as small, less than commercial or commercial quantity. 2002(3) Criminal Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of contraband from a bag carried in hand - Search of bag - Amounts to personal search - S.50 NDPS Act applies...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Offer of search must be complete but essentially need not be in writing...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Offer of search given to accused as to whether he intended to get himself searched from the investigating officer or through a gazetted officer - Accused never informed that he had the right to get himself searched before a Magistrate - Offer made is not as per provision of S.50 of the Act...........
