Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Appeal against conviction - Joint offer to search - 125 gunny bags containing poppy husk found in the truck - ASI served notice on the appellants requiring them to indicate if they wanted the search of the vehicle to be conducted in the presence of a Magistrate or a Gazetted Officer - Established that the..........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 - Bail - Alleged recovery of Charas weighing about 450 grams - Search allegedly carried out in the presence of DSP - No independent witness joined - Submission that there has not been strict compliance of provisions of Section 50 of the 1985 Act - Held that..........
Criminal Procedure Code, 1973, Section 389 -- Conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Suspension of sentence - Bail - Provisions of Section 50 not complied with - Not brought in evidence whether memo Ex.PB. which was thumb marked by the accused petitioner was read over and explained to him in the presence of an independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42 -- Appeal against conviction - Search of the truck had been made within the hours of sun set and sun rise - Proviso to Section 42(1) of the Act had not been complied with - It vitiated the conviction...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50 -- Appeal against conviction - The memos in question did not convey to the accused as to why they were being searched - As such the mandatory provisions of Section 50 had not been fully complied with - The provisions of Sections 42 and 50 of the Act applicable even if the search or seizure is to be made..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Appeal against conviction - Sentence - Appellants not previous convicts - Do not have any past criminal history - Only bread earners in their respective families - Keeping in view the nature of narcotic drug (poopy husk) found in possession of the appellants a sentence of ten years rigorous imprisonment,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Appeal against conviction - Link evidence - The contents of two affidavits not put to the accused under Section 313 Cr.P.C. - Held that when these two affidavits were tendered in evidence, the defence made a specific statement that the accused persons did not want to cross-examine the two officials - In..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Appeal against conviction - Non-joining of independent witnesses at the time of recovery - Makes the prosecution case doubtful - Judgment of conviction and order of sentence recorded by the trial Court set aside...........
Criminal Procedure Code, 1973, Section 482 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 - Drugs and Cosmetics Act, 1940 - FIR - Petition for quashing - None of drugs seized falls within the mischief of "Narcotic Drugs" and "Psychotropic Substance" as defined in the Act - But they are "Drugs" or "medicines" as defined in the Drugs and Cosmetics Act -..........
Constitution of India, 1950, Article 226, 227 -- Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction and sentence under section 25 of N.D.P.S. Act read with section 46 of B.S.F. Act - Bail - Section 32A of the N.D.P.S. Act does not impair the powers of the High Court in suspending sentence and granting bail - The petitioner has already remained in jail for..........
