Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23, 21, Customs Act, 1962, Section 107, 108 -- Appeal against conviction - Illegal import into India of 410 gms Heroin - The confessional statement of the appellant, recovery memo and statements of PWs clearly support prosecution case - Judgment of conviction and sentence upheld - Appeal dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Chance Recovery - Mere employment of sniffer dog or taking the appellant to a separate room for search by the lady Inspector will not mean that search was being conducted on some prior information - Since in the present case, recovery is not from the person but from the purse and from the toilet, apart..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Mere presence of gazetted officer should not be treated as compliance of S.50...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23 -- Non-examination of independent witnesses - Will not be fatal to the case of the prosecution in view of evidence of prosecution witnesses as well as the confessional statement of the appellant herself...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23 -- Failure to hand over the seal to an independent witness - Will not vitiate the case of the prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23 -- Confiscation of articles - There is no justification for confiscation of those articles which are not contraband and about which there is no provision for confiscation...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 37 -- Charas - Recovery of 450 gms. - No previous conviction of applicant - Reasonable ground to accept argument that he has not committed offence and no likelihood of engaging himself in similar activity in future - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Accused not given right of their search conducted in the presence of a Magistrate as well - Acquittal by High Court for non compliance of mandatory provisions of S.50 of the Act - No interference warranted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 37 -- Poppy straw - Recovery of 35 Kg. - Accused being house lady - Quantity not commercial quantity - No previous conviction - Reasonable grounds to accept contention that accused has not committed offence and there is no likelihood of engaging herself in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Partial offer - Accused given option of search before gazetted officer or senior officer - No offer of search before Magistrate made - Offer is not valid u/s 50 - Conviction set aside...........
