Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Mere fact that independent witness has not supported prosecution case during trial but said fact in itself cannot be said to be fatal to prosecution story...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Quantity of contraband - Sample weighing 39 grams of charas examined by FSL was not the representative sample of entire bulk - Accused therefore, cannot be held to be have been found in illegal conscious possession of charas - He can be held to be in possession of 39 grms of charas or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Small quantity - Sentence - Accused was arrested in 2021 and he remained in judicial custody till conclusion of trial and thereafter is undergoing sentence - Since accused has already undergone much more sentence than could be inflicted upon him, accused is ordered to be released..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Contraband - Arrest and seizure - Verification of proceedings of arrest and seizure made in the presence of independent witness - However, while conducting the proceedings u/s 57 of the Act no entry was made regarding such an important witness - There is serious doubt over the proceedings of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Gazetted Officer distantly posted - Joining a particular Gazetted Officer not justified by prosecution - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Secret information - Procedure to be followed - Procedure of making compliance u/s 42(2) of the Act, could be that on receiving of information in writing at Police Station, the real intimation of receiving of secret information and proceedings for conducting raid is required to be entered into DDR, vide a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Grant of Bail - The accused's valuable right to statutory bail, is not defeated in a casual manner - Here, the right to liberty of a citizen which is sacrosanct and the well settled principles that bail is a right - Application allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Gazetted Officer forming part of detecting or investigating team, is not a competent officer since he cannot be held as an independent officer to ensure search without false implication...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Any police officer being a Gazetted officer is a qualified and competent gazetted officer for search of a person as stipulated in S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - When search is before a competent Gazetted Officer or Magistrate, within the sweep of S.50 of the Act, either by taking the person to be searched before Gazetted Officer or Magistrate or securing the presence of Gazetted Officer or Magistrate to the place of search, it has to be held that..........
