Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 27A -- Recovery of 29.500 kg Ganja - Delay in sending sample to FSL - Entire investigation process was almost complete on same day when search, seizure and sampling was made i.e on the date of occurrence dated 27.3.2014 itself - Therefore, there is no reason for delayed prayer to Court on 5.5.2014..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 27A -- Recovery of 29.500 kg Ganja - Search and seizure - Recovery effected from the house of accused - Independent witnesses PW1, PW2 & PW3 stated that house of accused was not searched in their presence nor anything was recovered in their presence - They were asked to sign on plain papers -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 27A -- Recovery of 29.500 kg Ganja - Search and seizure - I.O did not substantiate as to where seized ganja was kept at the police station - Malkhana register was not produced in Court to ensure that on the date of seizure seized articles were kept in custody of some person other than informant nor..........
Criminal Procedure Code, 1973, Section 389(1), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 27A, 29 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 650 gms heroin - Commercial quantity recovered from accused - Accused had undergone nearly 7 years of imprisonment - Application rightly rejected - However, High..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 11 kg ganja - Reduction of sentence - Accused committed crime in the year 1997 i.e much before NDPS Amendment Act, 2001 came into force - Case of accused thus, regulated by unamended S.20 of the Act wherein though maximum sentence of 5 years R.I and a fine of upto Rs.50,000 was prescribed but..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Bail - Recovery of 40 kg poppy husk - Recovery effected was below commercial quantity - Without expressing any opinion on merits of case, bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 1 kg Ganja - Independent witnesses not supported prosecution case and turned hostile, but they admitted their signatures on relevant documents - Official witnesses however, have unequivocally stated about search and seizure of contraband from possession of accused - Defence has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 1 kg Ganja - Non-compliance of provision of S.42 of the Act - Secret information received by PW9 and same was forwarded to superior authority on the same day - There is thus, substantial compliance of provision of S.42 of the Act - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, 20(b)(ii)(C), 25, 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Offence u/ss 20(b)(ii)(c), 25, 27-A & 29 of NDPS Act - Bail - Extension of period of investigation - Must be after complying principle of natural justice and after providing fair opportunity to accused to have his say and oppose the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 650 tablets of Tramadol - Bail - Recovery effected from conscious possession of accused is marginally higher than commercial - Challan has been presented - Conclusion of trial will take time - Investigation is complete and no recovery is to be made -..........
