Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50 -- SHO received information regarding contraband - He himself has to reduce the information in writing rather than transmitting the same to Superior Officer...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50 -- SHO received information regarding contraband - The same not reduced into writing nor a copy sent to Superior Officer - This is complete non compliance of the mandatory provision of S.42 of the Act - Whole trial as well as the conviction stands vitiated...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search by DSP (Gazetted Officer) - DSP gave option of search before himself or Magistrate - DSP did not inform the accused that he has a right of search before Gazetted Officer or Magistrate - Held, provision of S.50 NDPS Act not complied with - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 42, 50 -- Search - Option given whether accused would like to be searched before a Magistrate or a Gazetted Police Officer - When word 'Police Gazetted Officer' is there in the notice it cannot be held that compliance of S.50 of the Act has been made - This is a blatant disregard of the provision of S.50..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Distinction - If the recovery is not on prior information and the place from where it is effected is a public place it is S.43 which is applicable and S.42 is applicable where recovery is effected from a building, conveyance and enclosed place...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Secret information - Recovery of contraband at a public place - It is necessary for the Investigating Officer to reduce the information in writing and send copy of the same to superior officer - Provisions of S.42 NDPS Act will apply...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Compliance with the provision - Appellant was told whether he required search to be conducted in presence of gazetted officer or Magistrate and his answer was in negative - Conviction could not be interfered with on the ground of non-compliance of the provision...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17 -- Opium - Recovery of 23.5 grams. - PW-2 Sub Inspector who effected recovery joined two witnesses - One not examined during trial and other turned hostile - Challenge to conviction on sole testimony of PW-2 without corroboration - Concurrent finding on this point cannot be disturbed - Seizure memo Ex.P-2..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8 -- Contraband - Conviction - Validity - Appellant found to be in company of co-accused from whose possession offending article recovered - Conviction of appellant based upon alleged confessional statement made by him to Superintendent of Excise under provisions of Bihar and Orissa Excise Act as well as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Brown sugar - Sample - Sent for chemical examination - Shortage of 400 miligrams - Not explained by prosecution - Brass seal used for the purpose of sealing not produced - Witness who was given zima of brass seal not examined - No evidence on record as to whether the seized article was kept in safe custody..........
