Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3(1) -- Preventive detention - Vital fact that detenue had been released on bail by Special Court despite rigours of S.37 of NDPS Act had not been brought to notice at the time when detaining authority passed detention order - This fact was withheld and detaining authority was..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Recovery of 255 gms of heroin - When an under trial has been in custody for a significant period of time and trial is being held up for no fault on his part, Court cannot be expected to be a mute spectator and should rather unhesitatingly interfere for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 391 gms brown colour narcotic powder - Bail - There is no independent witness of alleged recovery - Constables of Railway Police Force cannot be said to be independent witnesses -Though search was conducted in presence of Gazetted Officer,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Non-compliance of mandatory provision of the Act - Cannot be looked into at this stage for grant of bail unless there is any glaring irregularity which will make the seizure itself illegal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Intermediate recovery - Does not attract bar of S.37 of NDPS Act - Recovery was from a fridge kept in the house which indicates that accused was using his premises for commission of offence - Cash recovery of Rs.2.52..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37 -- Bail - Contraband - Commercial quantity recovered from bag of co-accused - No contraband was recovered from petitioner - Petitioner named in FIR merely because he was sitting with co-accused in public bus - Merely travelling with co-accused from whose..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Recovery of five bags of poppy husk - Merely because independent witness was not examined by prosecution and he rather opted to appear as a witness for defence does not cause any damage to prosecution story...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 78 -- Recovery of five bags of poppy husk - Delay of 72 hours in sending sample of poppy husk to office of Chemical Examiner not fatal to prosecution case, as S.78 of the Act does not make any provision of sending sample to FSL within 72 hours but provided only to send the same within reasonable time...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of five bags of poppy husk - I.O had informed accused of their right to get search conducted in presence of Gazetted Officer or a Magistrate and accused opted to get search conducted in presence of a Gazetted Officer - DSP had been called at the spot who again apprised accused to their right of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Recovery of five bags of poppy husk - Conscious possession - Prosecution proved that five bags of poppy husk each containing 30 kg had been recovered from car in question and both the accused are to be taken in conscious possession thereof - Merely because DSP is not examined does not make any..........
