Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Delay in sending samples - Delay of six days in sending the sample to CFSL - No explanation as to why the samples were not immediately deposited to laboratory for examination - Held, since quantity allegedly recovered being small (15 kg of crushed poppy husk), possibility of plantation cannot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b) -- Charas - Entire quantity of Charas would govern the fact whether it was a small quantity or a commercial quantity...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Poppy straw - Recovery of 70 kgs. from two bags - Contents of both the bags mixed - Two samples of 250 gms. each taken out - Even after taking two samples of 250 grams each, the quantity measured comes to 69.50 kgs which is more than commercial quantity (small quantity 1000 gms/commercial quantity 50..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, 20 -- Recovery of 145 grams of Ganja - It is a small quantity - S.36-A has no application - Case is triable by Magistrate...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), 36(A) -- Contraband - Small quantity - Trial - If contravention involves small quantity and if punishment is RI for a term which may extend to 6 months or with fine which may extend to Rs.10,000/- or with both - Held, as punishment is less than three years, S.36(A) has no application and as quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(b) -- Contraband - Conviction - Appeal - Reduction in sentence - Accused convicted and sentenced to 10 years RI and to pay fine of Rs.1 Lac - Quantity of contraband was lesser than commercial quantity but more than small quantity - Accused is too poor - No criminal background of accused - Held,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Recovery of three cakes of contraband from one packet - Plea that each cake not weighed separately and hence deprived of raising contention of small quantity or quantity in between small and commercial - Conscious possession proved - Accused failed to account satisfactorily about said..........
Narcotic Drugs and Psychotropic Substance Act, 1985, Section 8,21 -- Recovery of smack - FSL report absolutely silent as to the percentage of the Diacetyl morphine - Thus Court does not know whether a small quantity, or less than commercial quantity but greater than small quantity, or commercial quantity was recovered - Benefit of doubt goes to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Charas - Hashish - Remnant material - As per FSL quantity recovered is less than small quantity - As per CRCL Laboratory quantity slightly more than small quantity - But not commercial quantity - FSL or CRCL reports nowhere mentioned what was remnant material - Held, entire recovered material cannot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(B) -- Recovery of 1 kg of charas from the possession of accused - Recovery memo mentioned quantity of contraband substance as approximately 1 kg - Statement of witnesses contradicted each other whether it was exactly 1 kg or less than 1 kg or more than 1 kg - Held, quantity for recording conviction has to..........
