Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xi), 21 -- Manufactured drug - Opium derivatives - Poppy straw concentrates - All opium derivatives and poppy straw concentrates are manufactured drugs within the mean of S.2(xi) of the Act - Manufactured drug when kept illegally, manufactured or sold the offence falls u/s 21 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xvi) -- Contraband - Opium derivative - Containing more than 0.2% morphine - Even if it does not fall within the definition of opium poppy, straw or opium it would be an opium derivative within the meaning of S.2(xvi) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Release of vehicle - Recovery of 53 Kg. of poppy husk from driver of a truck - Truck taken into possession - Truck released to registered owner on Superdari on the condition that it will remain in the same condition during pendency of trial, same will not be disposed of and same will be produced in trial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Conviction set aside - Recovery of poppy straw from car - Written option of search given to both appellants jointly - No doubt, S.50 is not attracted as recovery of contraband is not from person of accused - But when prosecution states that option u/s 50 of the Act was given and that option is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy straw - Custody of sample from 11.6.2001 to 13.6.2001 not explained - There can be chances of tampering with the sample - In case there are chances of tampering with the sample, the benefit of doubt goes to accused - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Poppy husk - Recovery of 10 bags each containing 36 kgs. of poppy husk - Non joining of independent witnesses - Held, not fatal - Testimony of police officials is as good as of any other witness, unless any enmity or motive is alleged and proved against them...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Poppy husk - Recovery of 10 bags each containing 36 kgs. of poppy husk - Accused was 30 years of age at the time of recovery - Not a previous convict - Not involved in other cases - Sentence reduced to 10 years from 12 years...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Poppy straw - Recovery of 70 kgs. - Conviction on the evidence of official witnesses - In a case of this nature, it is better if prosecution examines at least one independent witness to corroborate its case - However, in the absence of any such witness, if the statements of police officers are reliable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Poppy straw - Recovery of 70 kgs. from two bags - Contents of both the bags mixed - Two samples of 250 gms. each taken out - Even after taking two samples of 250 grams each, the quantity measured comes to 69.50 kgs which is more than commercial quantity (small quantity 1000 gms/commercial quantity 50..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Poppy husk - Recovery of 39 bags each containing 35 Kg. of poppy husk - Accused not previous convict - Accused are from the lower strata of society - Substantive sentence reduced to 10 years from 12 years...........
