Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18 -- Search - Recovery of smack - Partial offer of search - Accused was given an offer with regard to search being conducted before a Gazetted officer and not before the Magistrate - Partial offer would amount to non compliance of Section 50 of the Act - Conviction set aside...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Smack - Bail - Recovery of 30 packs - Not weighed - Direction given to weigh recovered articles - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 439 -- Smack - Recovery of 145 gms. - Bail - Likelihood of accused indulging in such activities if released on bail - Bail rejected - Grant of bail in one such case not a precedent...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Smack - Recovery of 300 gms - Diacetylmorphine against this 300 gms comes to 72.3 gms - It is non commercial quantity - Petitioner in custody for the last more than four months - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Smack - Quantity recovered less than commercial quantity - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Smack - Recovery of 20 grams from a foreign national - Accused already in custody for about 8 months - Accused released on bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37(1)(b) -- Smack - Recovery of one kg. from three persons - Sample containing diacetylmorphine 1.12%, 1.2% and 1.24% - Percentage of diacetylmorphine is not relevant for ascertaining the quantity of drug or psychotropic substance recovered is small, commercial or in between - Any preparation..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - 700 gms. smack - Recovery of - Accused (a lady) already in jail for four years - Interim bail granted - No offence committed by her during interim bail - Bail granted u/s 37 NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 17 gms. of smack at fair ground - Independent witnesses not joined - Recovery from Motor cycle not registered in name of accused - Seizure of motor cycle not sufficient to prove same to be in exclusive possession of accused - Fact that accused was found sitting on motor cycle not sufficient..........
