Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b) -- Contraband - Recovery of - Investigation by police official who was the complainant - Such police official does not forfeits his right to investigation - However, such investigation can be assailed only on the ground of bias or real likelihood of bias on the part of the investigating officer -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 8, 18 -- Contraband - Search of plastic bag in hand of accused - Search of bag amounts to search of person of accused - Compliance with provision of S.50 is essential - Conviction set aside for non compliance of S.50...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery memo of opium and motor cycle prepared by SHO holding temporary charge - Held, SHO holding permanent charge of concerned Police Station alone is competent to exercise power u/s 42 - Proceedings vitiated - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 15 -- Link evidence - Affidavit tendered into evidence to prove link evidence - Deponent not present into Court on that day - Opportunity to cross examine deponent not available to accused - Affidavit not put to accused when he was examined u/s 313 Cr.P.C. - Held, report of Chemical Examiner cannot be acted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Contraband - Case property not deposited with Moharrir Head Constable as SHO was not present in police station - Efforts not made to find out SHO - Senior Officer also not informed - Conviction set aside for non compliance of S.55...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18 -- Recovery of large quantity of powder - Percentage of narcotic substance very small - Proportionate reduction in the recovery would have to be made in order to ascertain whether the offence falls within the categories mentioned in the NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 2 Kg. opium - Forensic Science Laboratory report not tendered in evidence nor does it tally with weight of sample - Raises doubt as to whether sample remained intact - Search not conducted in presence of independent witnesses - No evidence as to which independent person refused to be a..........
Criminal Procedure Code, 1973, Section 427, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Sentence of 10 years each in two different cases for offence under NDPS Act, decided on different dates - Sentence subsequently passed to run concurrently with the earlier sentence - However, sentence in case of non payment of fine to be undergone separately and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b) -- Ganja - Recovery of 18 kg. - Sample - Taken after two months of seizure - Prosecution failed to establish that article seized was sealed and kept in proper custody, that sample sent for chemical examination was the same taken from bags - Conviction cannot be sustained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b), Criminal Procedure Code, 1973, Section 439 -- Bail - Non compliance of order passed for supply of copies to accused - Not a ground to grant Bail - Limitations placed by section 37 are to be satisfied - Case not covered by exception given in section 37 - Bail cancelled...........
