Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 25, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 20 kg ganja - 20 kg Ganja does not come within definition of commercial quantity as per Central Government's notification - As recovery is less than commercial quantity and greater than smaller quantity,..........
Drugs and Cosmetics Act, 1940, Section 32, 22, 23, 25, 27, Drugs and Cosmetics Rules, 1945, Rule 51, 52, Criminal Procedure Code, 1973, Section 154, 190, 173 -- Offence under Chapter IV of Act of 1940 - Police Officer cannot submit report u/s 173 Cr.P.C...........
Drugs and Cosmetics Act, 1940, Section 32, Drugs and Cosmetics Rules, 1945, Rule 51, 52, Criminal Procedure Code, 1973, Section 193, 200, 202 -- Complaint u/s 32 of Act of 1940 - When complaint u/s 32 is filed either by the Inspector or by the Authorized Gazetted Officer being public servants u/s 200, the Magistrate is exempted from examining the complainant and witnesses...........
Customs Act, 1962, Section 104, Gold Control Act, 1968, Section 68, Central Excise Act, 1944, Section 13, Drugs and Cosmetics Act, 1940, Section 22(1)(d), 32, 36AC, Drugs and Cosmetics Rules, 1945, Rule 51(4), (5), Criminal Procedure Code, 1973, Section 167 -- Drugs Inspector taking-up matter falling under Chapter IV of the Act - He is invested with the power to arrest...........
Drugs and Cosmetics Act, 1940, Section 32, Criminal Procedure Code, 1973, Section 154, 178, 179, 180, 181, 182, 183, 184, 185 -- FIR - If information is as to cognizable offences under Chapter IV, Police officer is obliged to register FIR - But, has no jurisdiction to investigate offence - He is duty bound to refer complainant to concerned Drugs Inspector...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 11 strips of Parvan Spas Plus Capsules (each strip of 10 capsules), 33 loose capsules of Parvan Spas Plus, one strip (eight capsules) of Pyeeon Spas Plus, two strips (each strip of 10 capsules) of Tramadol, 16 strips (each strip of 15 capsules)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 15 packets of ganja - Non-compliance of provisions of S.50 of the Act - Accused were not searched in presence of a Magistrate or a Gazetted officer - Mandatory provision of S.50 of the Act not complied with - Conviction and sentence set aside - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29, Criminal Procedure Code, 1973, Section 228 -- Recovery of 3 gms opium - Recovery effected from co-accused - Memorandum of co-accused u/s 27 of Evidence Act recorded wherein co-accused stated that contraband item was supplied to him by accused - Accused was arrested on basis of said memorandum of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 7 kg charas - Statement u/s 67 of NDPS Act - NCB places reliance on two statements recorded u/s 67 of NDPS Act - However, petitioner had not admitted or confessed that he was involved in the offence for which he is charged - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg heroin - Non-compliance of provision of S.50 of the Act - Prosecution failed to prove and did not bring on record as to which of witnesses had explained right to accused u/s 50 of the Act - Provision of S.50 of the Act not complied with...........
