Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(i), (ii), 57, 35, 20(B)(2) -- Recovery of 100 kg charas - Secret information received by PW4 not recorded by him - Nor said information was forwarded to higher authorities - Compliance of Ss.57, 42, 35, 20(B)(2) of the Act not made by prosecution - So called independent witness PW3 is a pocket witness and he..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 101 kg doda chura - Provision of S.57 of the Act duly compiled with and a detailed report as required under the provision was sent by SHO to his higher officer along with report of copy of FIR and recovery memo - Even otherwise, provision of S.57 of the Act is not mandatory...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 6 bags of poppy husk - Non-adherence of requisites of S.57 of the Act - I.O at the site after arrest of accused persons and/or seizure of contraband forwarded the information with regard thereto to his higher officer without any delay - Even related FIR with necessary endorsement therein had..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 136 kgs ganja - Recovery effected from public place - Three bags seized containing 12 packets of ganja weighing 136 Kgs, along with two motorcycle and 4 persons - However, said eventuality was not informed to superior officer in terms of S.57 of the Act - Provision of S.57 of the Act not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 136 kgs ganja - Articles seized not kept in Malkhana in terms of S.55 of the Act - Since articles kept according to choice of prosecution having free access, it shakes the reliability of prosecution case - Mandatory provision of Act not followed by prosecution - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of charas - Search and seizure - Non-compliance of S.57 of the Act - Information to higher officials in a sealed envelope was given on the same day - Said fact is duly corroborated by PWs - Compliance of S.57 of the Act duly made...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 6.150 kg opium - Non-compliance of S.57 of the Act - PW5 stated that detailed report with regard to seizure and arrest was prepared and was sent on the same day to additional SP, which is corroborated by PW2 - Compliance of S.57 of the Act is thus, duly proved...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50, 57 -- Recovery of packet of pill of heroine - Recovery effected from inner pocket of pant - There is no uniformity as to whether said paint was worn by accused at relevant time or was hanging unclaimed - Mandatory provisions of Ss.42, 50, 57 of NDPS Act not complied with - Prosecution failed to prove its..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, 57 -- Recovery of 25 kg ganja - Articles seized and produced in Malkhana in a sealed cover - However, same were not produced before Magistrate - Violation of Ss.52-A and 57 of the Act - Ss.52-A & 57 of the Act are directory and not mandatory - Question for consideration is as to whether non compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 35 kg poppy husk - Recovery effected personally from accused - I.O sent ruqqa to SHO his immediate superior officer - Even copies of FIR were also forwarded to senior officers - Mere fact that I.O has not sent the report u/s 57 of Act to his superior officers is no ground to found fault with..........
