Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 20 kg ganja - Search and seizure - Samples were seized and sealed sent to FSL established and proved - Merely because there is some clerical error in numbering of sample in memorandum of Superintendent of police, would not make prosecution case doubtful - Provisions of Ss.42, 55 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 209 capsules weighted 125.72 gms - Recovery did not take place directly from petitioner - Main accused from whom police had recovered the capsules for which petitioner stands arraigned as co-accused already released on bail - Merely..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 9 kg Ganja - Non-compliance of S.50 of the Act - Accused was apprised of his right that if he wished his search be conducted before any Gazetted Officer or Magistrate - He did not agree of his search before Magistrate and he consented that search be made by police party itself - Provision of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 320 gms Morphine - Recovery and arrest of accused happens suddenly at about 9.30 PM and it was a winter season - Police informed accused that he has a right to be searched before any gazetted officer and he may be taken for search - But accused refused to go anywhere and handed over to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - When it is proved that personal search of accused was conducted, police was required to comply with provision of S.50 of the Act...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 50 -- Bail - Offence u/s 21 NDPS Act - Non-compliance of S.50 NDPS Act - Petitioner given option for search by a `gazetted police officer' - It amounts to violation of S.50 NDPS Act as it is a limited offer instead of Gazetted Officer, search was conducted by a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 42.795 gms charas - Search and seizure - No evidence to prove that samples represented remaining bulk substance - There is no evidence that police had mixed alleged contraband and then had taken out a sample representing entire stuff - Accused was liable only for 20 grms of sample, which..........
Indian Penal Code, 1860, Section 363, 364, 364A, 365, 302, 120B, Arms Act, 1959, Section 21(1)(a) -- Kidnapping and murder - Circumstantial evidence - Last seen theory - Material contradictions between evidence of last seen witnesses - Last seen witnesses though knew that deceased was missing but did not inform PW1 or police to the presence and conduct of accused, despite..........
Criminal Procedure Code, 1973, Section 438, 91(1) -- Anticipatory bail - Non-production of an article by accused pursuant to notice issued to him by I.O u/s 91(1) Cr.P.C - Does not amount to not co-operating with investigation of case, as if an accused does not produce article before I.O., search of it can be conducted and it may be seized by police - Order cancelling..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 20 gms charas - Personal search - Non-compliance of S.50 of the Act - Police did not inform accused of his right to be searched before a Gazetted Officer or Magistrate - There is thus, no, compliance of mandatory provisions of S.50 of the Act - Accused acquitted...........
