Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 21 -- Recovery of Proxyvon capsules - Recovery memo mentions FIR No. even before registration of case - No contemporary documentary evidence to demonstrate that seized packets of samples and remaining stock of alleged contraband were kept in malkhana before forwarding of samples to FSL for chemical..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Whenever a property is seized by police, it is duty of seizing officer/SHO to produce it before concerned Magistrate within one week of seizure and Court after due notice to concerned parties is required to pass an appropriate order for its disposal, within a period of one month...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Search & seizure - Ruka was sent from the spot narrating all the facts, on the basis of which formal FIR was recorded and copy thereof was also sent to Illaqa Magistrate - There is due compliance of S.42 of Act - Conviction, upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54, 35 -- Contraband - Search & seizure - Conscious possession - Accused in possession and in control of truck driven by him and as such it cannot be said that accused was not in conscious possession of contraband - It is for the accused to explain under which circumstances contraband was in his possession,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 33.7 kg of Ganja - Inventory of seized article had been done long after alleged seizure and examination of samples by expert - Infact, inventory certified by Magistrate was the weight of articles produced before him and inventory had not been done according to provisions of S.52A of Act -..........
, Section 21(4A) - - Release of seized vehicle - Vehicle seized on account of unauthorized transportation of red earth - Police suo moto registered a case against petitioner and seized vehicle - Fact of seizure reported to District Collector but not to Magistrate - District Collector is not the authorised officer to pass orders regarding custody or confiscation of property..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Opium - Recovery of 450 gms - Search and seizure - Recovery was effected from right hand of accused and not effected from person of accused - Provision of S.50 of Act, not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Search and seizure - Procedure stipulated u/s 52-A of Act for seizure of contraband and issuance of a certificate by Magistrate are procedures which are to be followed without any deviation - Inventory contemplated u/s 52-A of Act constitutes primary evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 63 Kg. of Ganja being transported illegally - Search and seizure - Neither officers of BSF nor investigating officer who re-seized the goods prepared an inventory of goods seized - Seizure made in absence of Magistrate - No certificate of samples drawn u/s 52-A of Act by Magistrate - Testimony..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 42 -- Recovery of 63 Kg. of Ganja being transported illegally - Search and seizure - No material on record which proves that appellants were informed of their right under the Act to be searched in presence of Magistrate - After seizure suit case and bed roll not locked and seal not put to samples..........
