Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20,60, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle on Supardari - Recovery of 225 gms of charas from tool box of vehicle of petitioner - Motorcycle is said to be the case property and liable to be confiscated u/s 50 NDPS Act - Trial likely to take a long time and no useful purpose would be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Recovery of three cakes of contraband from one packet - Plea that each cake not weighed separately and hence deprived of raising contention of small quantity or quantity in between small and commercial - Conscious possession proved - Accused failed to account satisfactorily about said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Two independent Panch witnesses turned hostile - Conscious possession of contraband proved - No material discrepancies or contradiction pointed out by appellant from evidence of prosecution - Prosecution duly proved its case - Held, Panch witnesses turning hostile could not be fatal to case of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(c) -- Conscious possession of contraband proved - Contention that documents allegedly prepared during trap proceedings not prepared on the spot but prepared at police chauki - Police chauki situated at the place of occurrence only - Merely because documents prepared at police chauki situated at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20,52,55 -- Recovery of 5 kg ganja from the bag of appellant - Non-compliance of Ss.52 & 55 of the Act - Neither delay in delivering bag at FSL has been explained nor Malkhana Register was produced in evidence - Prosecution did not establish that seized Ganja was kept in safe custody in Malkhana -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20,52,55 -- Ganja - Recovery of 8 Kg. - Officer-in-charge of malkhana and officer-in-charge of police station not examined - Prosecution did not produce anything about safe custody of seized contraband articles and the samples - In FSL report impression of seal not appeared - Sample was taken on 19.9.95 and one..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 21,25,29,61,85, Explosive Substances Act, 1908, Section 3,4,5, Unlawful Activities (Prevention) Act, 1967, Section 17,18,19,20, Indian Penal Code, 1860, Section 120B -- Huge recovery of RDX, Heroine, Fuse Wire, Live detonators and fire/timer devices - Bail - Refused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Arms Act, 1959, Section 25 -- Conscious possession - Recovery of contraband and .12 bore country made pistol from scooter of appellant - Recovery done in pursuance of secret information received but not reduced to writing and no justification for the same - Judicial or Executive Magistrate not joined at the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Arms Act, 1959, Section 25 -- Conscious possession - Recovery of contraband and .12 bore country made pistol from scooter of appellant - Link evidence is missing - Contradictory evidence with regard to seals over sample received in Malkhana and handing over to constable - Constable not examined to complete..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20 -..........
