Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Mandatory provision - PW5 not recorded the information in writing given by PW3 with respect to the appellants' involvement before proceeding to arrest him in this case - Writing or communication resulting in delay in trapping, which may lead the accused to escape, then prosecution case should not be thrown..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Oral communication - Is also valid...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Compliance of the provision - Copies of FIR and other records regarding the arrest of appellant and seizure of the contraband articles sent to superior immediately after registering the case - All the necessary information to be submitted in a report was sent - Amounts to substantial compliance of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 57 -- Provisions are not mandatory in nature...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50, Criminal Procedure Code, 1973, Section 43, 46 -- Private person - Can arrest an accused and produce before a Police Officer - Provisions of NDPS Act are supplemental to the provisions of Cr.P.C. and not derogatory to them...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 18 -- Opium - Search made in presence of DSP - No violation of S.50 - There is no requirement that Gazetted Officer should not be of Police Department...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 15 -- Poppy husk - Recovery from a truck - Prosecution of owner of truck - No evidence that owner of truck knowingly permitted the use of truck for transportation of poppy husk as required u/s 25 - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 15 -- Poppy husk - Recovery from a truck - Truck remained parked at barrier for 5 days - Sufficient evidence not brought on record to show that no one tampered with truck during said period - Possibility of bags of poppy husk having been loaded in the truck could not be ruled out...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Charge u/s 15 of the Act - Charge altered to S.25 after close of prosecution evidence as well as defence and after hearing the arguments - Prosecution failed to examine a person in whose presence recovery was effected - It is a serious infirmity - Accused acquitted inter alia on this ground...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search in the presence of a Gazetted Officer or a Magistrate - Accused not apprised of his right - Accused was told that if he wished, his search would be taken in the presence of any person known to him but he declined - Conviction quashed...........
