Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Merely if a bag carried by a person is searched without there being a search of his person, S.50 of NDPS will have no application, but if bag carried by him is searched and his person is also searched, S.50 of the Act, will come into play...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Suspect may or may not exercise his right u/s 50 of the Act of being searched by Magistrate, but an obligation is cast upon raiding party to apprise him of such a right...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of cocaine, ganja, charas and supporting materials - Notice issued to accused was specifically issued for carrying his personal search and bag/sack came to be searched and search was carried out of his person also - Compliance of S.50 of the Act is therefore imperative - However, intimation does..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 25 -- Bail - Recovery of cocaine, ganja, charas and supporting materials - Quantity of ganja and charas seized is small quantity whereas, quantity of cocaine seized is intermediate quantity - Rigors of S.37 of NDPS Act thus, not attracted - Traces of cocaine is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 10 kg Charas - Non-compliance of S.50 of the Act - Recovery effected from trolley bag of accused - Contraband was not recovered from personal search of accused - However, after recovery, police personnel took personal search of accused also - Accused was orally given option regarding search..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Plea of false implication - 10 kg charas recovered from possession of accused and market value of same is 1 crore - Hence, it cannot be presumed that police planted charas worth Rs.1 crore falsely - As regarding contention of accused that police demanded..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Report of FSL is a public document and admissible in evidence - There is no requirement to call Director of that Laboratory to get report proved - Report on record shows that sample sent to it was found to be charas - Remaining recovered charas was produced..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of Tramadol tablets - Bail - Petitioner has been arraigned as an accused on basis of a disclosure statement - Legality and veracity of same is yet to be tested - Petitioner is in incarceration for last almost two years and trial is yet to start -..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(C), 25, 29 -- Default bail - Recovery of 589.500 kgs Ganja - Accused is in custody till date - He has not been given any opportunity of hearing to lead his legitimate objection nor he informed of his right on default bail before granting extension..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 21B -- Recovery of 20 gms heroin - Non-commercial quantity - Investigation of case is complete and challan presented - No recovery is to be made from accused - Conclusion of trial is likely to take time - Accused though involved in three other cases but he is on bail in all other FIRs - Bail granted to..........
