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..........
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..........
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..........
