Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42, 43, 50, 52A, 55, 57 -- Recovery of 1 kg heroin - Accused contended that there is no, compliance of provisions of Ss.41, 42, 43, 50, 52-A, 55, 57 of Act - Contention rejected, as soon as accused disclosed of having possession of manufactured narcotic drugs, Superintendent of police was telephonically..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 5.6 kgs charas - Option u/s 50 of Act was given to accused only once that too at the time of search of vehicle and no fresh option was given to accused at the time of conducting his personal search - More so, accused persons were collectively asked to give their option to be searched - Consent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 55 -- Recovery of 5.6 kgs charas - Search & seizure - By whom case property produced in Court not stated - No entry in malkhana register when FSL report was received and when samples were dispatched and returned to malkhana - No reference whether NCB form was deposited along with case property in malkhana -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 7 kg heroin - Plea of manipulations of search and seizure proceedings - Mere fact that instead of conducting proceedings at the spot, it was done in DRI office, same does not in any manner reflect that the proceedings were in any way manipulated or fabricated later on - Plea rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 5 kg charas - Non-compliance of S.50 of Act - Official witnesses thought that search of accused will be made in presence of PW2, who was given information on R.T. set - But no information was given in recovery memo regarding the same - Nothing has been stated in recovery memo that provision of..........
Income Tax Act, 1961, Section 132 -- Authorities exercising power u/s 132 must record reasons in support of the `reasonable belief' - But disclosure or communication of these reasons prior to authorizing the search to the person concerned is not warranted - The material may have to be disclosed to the assessee only at the stage of commencement of the assessment proceedings..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 20 bales ganja weighing 200 kgs along with 100 bags edible makhana weighing 1350 kgs - In the instant case, I.O. in his statement stated that at the time of intercepting truck in night, 3-4 packets of ganja were detected by preventive team - Thereafter, truck taken to customs..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 9 -- Recovery of 110 bags of poppy husk - Test identification parade - Recovery effected from search of truck of accused - No test identification parade held - Two Pws identified accused in Court as they had seen the accused in torch light and also seen them running away - Nothing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 110 bags of poppy husk - Search and seizure - Bags containing poppy husk seized from truck - It is not a case of personal search of a person - S.50 of Act is therefore not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Non-joining of independent witness - Accused were nabbed nearby national highway, where hundreds of vehicles ply day and night - It was not a secluded place, where independent witnesses were not available - Since the purpose of joining independent witness at the time of arrest, search..........
