Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Contraband - Search and seizure - Seals were found intact and tallied with specimen seal sent by forwarding authority and seal impression on NCB-I form - Integrity of case property is duly established - Conviction upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Contraband - Accused was found in possession of 345 grams of Charas - Trial Court sentenced accused to undergo R.I. for 5 years with fine of Rs.25,000 - However, Notification issued by Central Government shows that 100 grms of charas is a small quantity whereas 1 kg of charas is commercial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, 8(c), 25, 20(b)(ii)(C), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 480, 483 -- Contraband - Bail - Commercial quantity - Petitioners were indulged in possession and transportation of 184 kgs Ganja - They have been languishing in jail since 11.2.2025 - Nearly for past 190 days they have been in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 42, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Unauthorized search - However, as per the charge sheet, the search and arrest of the accused was undertaken in the presence and under instruction of SI and by J, who holds the rank of women head constable - Arrest and search of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non-compliance - While non-compliance with S.50 does not necessarily vitiate the entire trial, it does vitiate the conviction and sentence if it is solely based on recovery made during such illegal search...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non-compliance of S.50 NDPS - An illicit article seized from the accused during a search, which violates the mandate of S.50 NDPS cannot be used as admissible evidence of unlawful possession under the NDPS Act - However other material recovered during such a recovery may be used as relevant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 50, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Non-compliance of S.50 NDPS - As per record, heroin was recovered from the residence of the accused and not her person - S.50 NDPS only applies in the case of search of the person of suspect, pursuant to the apprehension of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Recovery of 30 grams of heroin - Bail - The name of the accused surfaced during further investigation, particularly through the disclosure statement made by the co-accused, from whom 300 grams of heroin were recovered - Further CDRs on record..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Medical ground - Medical report on record does not indicate an immediate life-threatening condition or incapacity to be treated within jail premises - Bail declined...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32B -- Imposition of higher than minimum punishment - Factors mentioned in S.32-B of the Act are in addition to other relevant facts and it cannot be said that minimum sentence under NDPS Act is to be considered as maximum sentence...........
