Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Release of mobile phone seized in course of search conducted under NDPS Act - Magistrate has power to consider claim u/s 451 Cr.P.C. when article or thing is other than narcotic drugs, psychotropic substances, controlled substances and conveyances seized under..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(b)(2), 28, 8(c), 22(c) -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner owner of seized truck - Application for release of truck rejected on the ground that a report is submitted by police that matter is forwarded to District Magistrate for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 126 gms Charas - Place of occurrence - Stated by Police Sub Inspector to be 500 meters from Police Station whereas in FIR it is mentioned as 2 Km. - Two distances are quite distinguishable - It casts doubt about place of occurrence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 126 gms Charas - Search - Joint communication to both the accused - Option to be searched before Magistrate only given - Accused not informed of their right to be searched before a Gazetted Officer - Compliance of S.50 of the Act not made - This alone vitiates conviction...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Recovery of 16 kgs 200 gms Ganja - Vehicle wherefrom ganja seized a privately owned vehicle - Provision of S.43 of the Act, not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 16 kgs 200 gms Ganja - Non-compliance of S.42 of the Act, would not vitiate the entire prosecution case, even though an order of remand is necessary after it is established that there has been non-compliance of S.42 of the Act - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(b) -- Recovery of 16 kgs 200 gms Ganja - Modification of sentence - Witnesses failed to corroborate each other - Evidence not sufficient to impose a punishment of higher degree - Sentence modified from 10 years to 7 years with fine of Rs.50,000 and in default to suffer R.I for 1 year more...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Commercial quantity - Charge sheet filed on 180th day after excluding day of remand and therefore would be within limitation as laid down u/s 36-A(4) of NDPS Act - Bail application rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of morphine 1 kg 10 gm - Accused was informed about his right under provision of S.50 of the Act, that he should get himself searched by a Gazetted Officer or a Magistrate, which was specifically waived off by accused and thereafter search was conducted by Station officer - Essential condition of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Bail - Recovery of morphine 1 kg 10 gm - Provision of S.50(1) of NDPS Act duly complied with - Sample was duly taken - Lack of independent witnesses would not vitiate recovery and arrest of accused - Merely because accused has no criminal history, would not..........
