Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Charas - Recovery of 40 grams - Accused apprehended from market area but no independent witness from locality joined - Failure to join local independent witness may be an irregularity which by itself does not vitiate trial - Serious doubt about option memo prepared on spot before effecting search of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of 3 bags containing 30 kgs. of poppy husk from the car of the accused - Plea of the accused that there is no, compliance of Ss.42, 50 & 57 of NDPS Act - Held that the prayer for bail has to be considered in the light of the limitation laid down..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 438 -- Poppy husk - Recovery of 40 Kg. - It is more than small quantity but less than commercial quantity - Accused was granted interim bail - Anticipatory bail allowed taking into account the legislative interdict and shift in the sentencing policy and the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Two accused sitting on road side and a bag found lying in between them which contained contraband - No evidence that any of them was handling the bag - Held, it cannot be presumed that they were in possession of that bag...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Presumption - Prosecution has to prove conscious possession of accused in respect of contraband before a presumption could be raised...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 15 -- Poppy husk - Recovery from truck - Conviction of truck owner - Onus lies heavily on the owner of the vehicle to prove that he did not have the knowledge at all as to what was being transported therein - Truck owner in his statement u/s 313 Cr.P.C. nowhere stated that he did not have the knowledge that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Poppy husk - Recovery of 176 bags of 39 Kg. each from truck - No independent witness - It is quite unbelievable that such a huge quantity of poppy husk will be falsely implanted on the accused - Police officials cannot be disbelieved merely for the reason that they are from the Police Department - In..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 19, 67 -- Opium - No report of Forensic Science Laboratory to prove that material recovered is opium - Unexhibited report not to be taken note of - Officers of raiding party not proved to be experts - Omission to examine witness to prove intactness of seals of samples - Time of recording statement of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17, 18, 21, 51 -- Search and seizure - It is always desirable to prepare the seizure mahazar at the spot itself from where the contraband articles were taken into custody...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17, 18, 21, 51 -- Search and seizure - Procedural illegality - Evidence collected thereby does not become inadmissible - However, if search and seizure was in complete defiance of law and evidence collected likely to have been tampered with or interpolated during the course of such search or seizure, then, it..........
