Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 900 gms smack - Non-joining of independent witnesses - Chance recovery - When conduct of accused was found suspicious and a chance recovery from vehicle used by him is made from public place and proved beyond reasonable doubt, accused cannot avail any benefit of issue of non-joining of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 30, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 2.770 kg heroin - Accused not involved in any other case prior to this case - He is in custody for he last more than three years - Conclusion of trial will take time - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 408 Tramadol Capsules - Bail - Recovery effected is just a little below commercial quantity - Challan against petitioner has already been submitted - Trial is yet to commence - Petitioner is a woman and remained in detention for 3 months 20 days -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 61, 58, Criminal Procedure Code, 1973, Section 439 -- Recovery of 270 gms of heroin - Bail - It would be strange that contraband would be randomly planted on any person coming in a vehicle without there being any enmity shown between any particular police officer and petitioner looking at the fact..........
Criminal Procedure Code, 1973, Section 427, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23, 21, 29, 21(c) -- Concurrent running of sentences - Conviction of accused in two cases under NDPS Act - Accused convicted by two different Courts in two different trials for offences with respect to different transactions - Judgment in both the cases delivered one..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 -- Suspension of sentence during pendency of appeal against conviction - Conviction u/s 29 of NDPS Act - Accused has undergone 8 years out of 10 years of total sentence - Appeal is unlikely to be heard early - Though offences under NDPS Act are of a serious nature..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 389 -- Recovery of 205 gms Alprazolam powder - Suspension of sentence during pendency of appeal against conviction - Accused is in custody for the period of 4 years 7 months and 5 days out of which 3 years and 11 days is after conviction - Accused not involved..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Where maximum protection as contemplated u/s 50(1) is already provided to accused by securing presence of Gazetted Officer, fact that accused was not informed of his statutory right has lost its significance - There was thus, compliance of S.50(1) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Recovery of 48 ampules of Buprenorphine and a disposable syringe - Independent witnesses turned hostile - Mere hostility of independent witnesses cannot lead to lack of creditworthiness of official witnesses - If evidence of official witnesses is consistent and trustworthy, same can be relied upon even..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Contraband - Defence evidence to rebut the presumption - Attempt of defence to adduce evidence to rebut the presumption and to establish his innocence cannot be declined...........
