Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 12 packets of poppy straw - Non-compliance of S.55 of the Act - No evidence adduced on behalf of prosecution that recovered poppy straw was kept in a sealed cover and specimen was made in a proper way in safe custody from date of recovery upto date of sending one packet for testing to FSL - No..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Interim bail - Recovery of 260 gms heroin - Petitioner sought interim bail for a special purpose of attending marriage of his sister - He is also involved in 4 more cases pertaining to NDPS Act - However, interim bail for one day under proper custody of police is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of injections - Bail - Petitioner is in custody since 2018 - Only one witness has been examined out of total 13 witnesses cited by prosecution - Petitioner is on bail in another case registered under the Act - Trial of case is not likely to be concluded..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Contraband - Non-compliance of provision of S.55 of the Act - No evidence is produced by prosecution that officer-in-charge of concerned police station had taken charge of case property and said case property was kept in safe custody - There is thus, non-compliance of S.55 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Contraband - Sampling process - No evidence on record as to where article had been kept after same was recovered till it was produced in Court - Neither there is any evidence as to whether seal put on parcel was intact and there was no tampering with seal at any stage and article received by FSL..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Anticipatory bail - Offence u/ss 20, 29 of NDPS Act - Main accused already released on bail - He joined investigation and his custodial interrogation is not required - Considering status report filed and submissions by I.O. petitioner ordered to be released..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Release of seized vehicle - Vehicle involved in NDPS case - Confiscated proceedings have not been initiated with regard to vehicle - Court directed to release of seized vehicle - No typographical or any other apparent mistake has been committed in the order -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 37 -- Bail - Recovery of 290 gm smack - Accused has not been produced before Magistrate or Gazetted officer - None of police officer of raiding party who recovered alleged contraband from him were Gazetted Officer - They were not empowered to make search of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Recovery of 7.79 gms heroin - Intermediate quantity recovered from accused which is very close to small quantity - Rigors of S.37 of NDPS Act not attracted in the case - Petitioner is involved in five FIRs registered against her under NDPS act, but..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 27, 29 -- Bail - Recovery of 1400 tables of Tramadol Hydrochloride - Petitioner driving a motorcycle and co-accused was a pillion rider - Contraband recovered from co-accused who held a bag containing contraband - Petitioner whether can be said to be in..........
