Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Expression `owner' in case of vehicle purchased on hire purchase agreement - Held, it means person in whose name vehicle stands registered under provisions of Motor Vehicles Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3) -- Contraband - Confiscation of truck used for carrying narcotic drugs - Held, merely because appellant (owner) had no knowledge of fact that it was used for carrying any narcotic substances order of confiscation of truck is bad...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 57 -- Contraband - Search & seizure - Non-compliance of provisions of S.55 &57 of Act - Held, conviction liable to be set aside - Accused acquitted - Appeal allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 36B, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence pending appeal under NDPS Act - S.32A of NDPS Act overrides all provisions of Cr.P.C. - High Court cannot suspend sentence of convicted persons under NDPSA during pendency of appeal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 36B, Criminal Procedure Code, 1973, Section 432, 433, 434 -- Suspend, commute and remit sentence - Power of Government - S.32A of the NDPS Act overrides all the provisions of Cr.P.C. and it would have an overriding effect with regard to the powers of suspension, commutation and remission provided under the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 42(2), 18 -- Accused found sitting on a public road - Neither the procedure u/s 42(2) of the Act was required to be followed nor the site plan was required to be prepared...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Accused found sitting on a public road - Conviction challenged on ground of search procedure - No breach of any particular condition of S.50 pointed out - Search made after P.W.1 had informed appellant about his rights and appellant stated he had no objection if he was searched by him - Held, there is no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Methaqualone Powder and Tablets found in a raid of appellants' factory - Apart from reports of Chemical Analyst, evidence of P.W.1 and P.W.3 establishing this fact - Conviction of appellant is proper...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Green substance found in raid from one of the cabins in appellant's factory - P.W.1 and P.W.3 stating that on analysis it was found to be hashish - Conviction of appellant is proper...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 2 kg opium - Appeal against conviction - Admittedly, recovery was effected in presence of independent witness who has not been examined - I.O has not taken assistance of a Gazetted Officer or a Magistrate - No notice in writing was given - Investigation never verified by a Gazetted Officer -..........
