Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Poppy husk - Recovery of 38 kg. - On disclosure statement another quantity of 36 kg. of poppy husk recovered after one month - Contention of accused that if two recoveries are segregated then each recovery falls under the head 'non commercial quantity' and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Recovery of 37 Kg of 'poppy husk' - Accused alleged to have been sitting on 15 bags containing contraband - No case of personal search made out - Section 50 will not be attracted - High Court erred in holding that provision of Section 50 will apply...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 'poppy husk' - Accused found to have been sitting on 15 bags containing 37 Kg of contraband - Plea of false implication not accepted in view of such large quantity of contraband - Superintendent of Police was associated with search - No explanation offered by accused - Order of acquittal set..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Truck - Interim custody - Truck seized while transporting poppy straw - Offence u/s 8/15 NDPS registered against persons in possession of poppy straw - Even in absence of title the seized vehicle can be released in favour of the person, from whose possession it..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conviction - Set aside by High Court on a view that report of Forensic Science Laboratory and Botanical examination report disclosed that substance found was poppy capsule and said description did not identify substance found to be opium poppy - Respondents not traceable - Appeal dismissed as not pressed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of - CFSL Form should be prepared at the spot and should be prepared and sealed by the officer making seizure at the spot where the case property is seized and it should be deposited in the Malkhana alongwith sample and case property - Such form should also be sealed by the SHO to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conscious possession - 15 bags of poppy husk recovered from trolley - Four persons sitting in trolley jumped away - Driver cannot be said to be in conscious possession - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conscious possession - 14 bags of poppy husk recovered from trolley - Four persons sitting in trolley jumped away - Prosecution of driver - In statement u/s 313 Cr.P.C. it was not put to accused that 14 bags of poppy husk were lying in the trolley - It was put to accused that he was in possession of those..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 80 quintals - Independent witness not examined - Testimony of official witnesses cannot be discarded on this ground alone - No evidence that official witnesses were biased against accused or had malice to implicate the accused - Since there is heavy recovery as such there is no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 15 -- Poppy husk - Recovery of 80 quintals - Secret information - Receipt of secret information not conveyed to Superior Officer as I.O. immediately proceeded to the place disclosed in the secret information - Communication was not possible as he was on motion for apprehending accused - Where an empowered..........
