Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 4 kg charas - Sampling process - I.O after having sealed sample should have kept said seal on sapurdnama of an independent person or a person other than his subordinate who was not posted in said Police Station or was not under his command or control - This infraction itself is a ground for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 4 kg charas - Sampling process - I.O has failed to observe rules framed for recovery and seizure of contraband under the provisions of the Act - Having regard to statement of I.O as regards sample prepared and sample received by Chemical Analyst a doubt is created whether sample examined by..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 9A, 25A, 23, 29 -- Appeal against grant of bail - Contraband - High Court while granting bail not applied mind to rival submissions, particularly to seriousness of allegations involving offence punishable under NDPS Act - Merely recording submission of parties does..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 -- Conspiracy - To attract S.29 of the Act, prima facie evidence of conspiracy or connivance should be recorded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 20(b)(ii)(A), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of charas - Applicant is a German national working as qualified Audio Engineer and a roofing specialist - He came to India for first time for tourism purpose - There are no criminal antecedents of applicant - Contraband was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 25A, Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence during pendency of appeal against conviction - Recovery of 325 gms heroin and 390 gms pseudoephedrine - Accused who was a proprietor of a courier agency was complicit with a foreign national in booking of two parcels containing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search - Compliance of S.50 of the Act is mandatory - Mere giving option to accused to be searched in presence of Gazetted Officer or Magistrate is not enough - Accused should be actually brought before Gazetted officer or Magistrate and given option in order to impart authenticity...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 12 packets of poppy straw - Secret information - Information received from informant neither taken down in writing nor copy of information given to immediate superior officer within 72 hours in view of S.42(2) of the Act - Mandatory provision of S.42 of the Act violated - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 12 packets of poppy straw - Contraband recovered out of plastic gunny bag containing 12 polythene packets of one kg each carried by accused - Provision of S.50 of the Act not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 12 packets of poppy straw - Representative sampling - One out of 12 packets of poppy straw sent for FSL - No sample taken from the remaining 11 samples - There is thus, violation of Standing Order 1/89 dated 16.9.1989 section II General Procedure for Sampling etc. - Nothing on record to..........
