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..........
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 20(b)(ii)(B), 20(b)(ii)(C) -- Recovery of 20 kgs Ganja - Nature of offence - Quantity recovered is 20 kgs, which cannot be said as commercial quantity - Conviction of accused u/s 20(b)(ii)(C) of the Act is not sustainable instead he can be convicted only for offence punishable u/s 20(b)(ii)(B) of the Act - Since..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 20.5 kg Ganja Patti - Bail - Petitioner is behind bars since last about 9 months and is not stated to be involved in any other case - Bail granted to accused particularly on basis of parity, as co-accused have already been granted bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 72 kgs of ganja which accused were transporting in Ambassador car - Serious contradictions in the evidence of prosecution witnesses and prosecution witnesses contradicted each other on material aspects - Accused are entitled to benefit of doubt - Conviction set aside - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Transportation of 26 kgs Ganja - Accused/helper was found on truck containing contraband and he did not make any attempt to abscond - Owner of truck is absconding and driver of truck had made an attempt to flee - Accused is first time offender and he was 22/23 years of age at the time of incident..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 37 -- Bail - On the ground of parity with co-accused - Recovery of 24.560 kgs Ganja - Commercial quantity - Accused were caught red handed while transporting commercial quantity of ganja - Whether A-3 was only a gratuitous traveller or whether A-2 was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 29.500 kg Ganja - Secret information - Secret information neither reduced into writing nor communicated to his immediate official superior - Such writing might have been in physical form or electronic mode, but nothing was brought on record that mandates of S.42 of the Act was complied - Charge..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 27A -- Recovery of 29.500 kg Ganja - Informant is I.O of case - Chances of tacit bias in getting desired result of his own complaint cannot be ruled out - Further, if complainant is himself I.O, accused as well as prosecution are deprived of their valuable right of contradicting and corroborating..........
