Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 9 kg Ganja - Non-compliance of S.50 of the Act - Accused was apprised of his right that if he wished his search be conducted before any Gazetted Officer or Magistrate - He did not agree of his search before Magistrate and he consented that search be made by police party itself - Provision of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 9 kg Ganja - Search and seizure - Serious contradictions found in statement of PW on question as to who brought weighing scale for weighing alleged contraband - Malkhana register not produced by prosecution during trial before Court - No evidence adduced by prosecution that recovered contraband..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(viia), 2(xxiiia) -- Entry No.239 and Note 2 of notification dated 19.10.2001, S.21 - Contraband - Determination of small or commercial quantity - Seizure of mixture of NDPS with one or more neutral substances - Quantity of neutral substance is not to be excluded and to be taken into consideration along with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Contraband - Provision of S.21 of the Act is not stand alone provision and must be construed along with other provisions in the statue including provisions in NDPS Act including Notifications...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(viia), 2(xxiiia) -- Challenge to Notifications 2009 and 2001 - Notifications issued in exercise of powers conferred by Ss.2(viia), 2(xxiiia) of the Act - It cannot be said that said Notifications are ultra vires to Scheme and relevant provisions of NDPS Act - Challenge to said Notifications rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 2 kg poppy straw - Primarily the burden is on prosecution to prove that after seizure till the testing by the Laboratory none tampered the sample - Prosecution failed to examine Head constable and constable that during the time the sample remained in their possession, there was no opportunity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 2 kg poppy straw - Secret information - Non-examination of shopkeeper from whom prosecution allegedly brought scale and weights - Prosecution not proved as to when they departed for detection of crime and as to carrying investigation kit - Both independent witnesses not supported prosecution..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 2 kg poppy straw - Sample - Prosecution failed to examine Head constable and constable that during the time the sample remained in their possession, there was no opportunity for them or anyone else to tamper with the same - Once the sample is not proved to be untampered, the contraband with the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 18 -- Illegal cultivation of opium-poppy plants - Secret information - Alleged information in respect of growing of opium-poppy plants in village by some agriculturist, was not reduced into writing by concerned - However, PW3/informant stated that he reduced in writing information so received by him, but..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 18 -- Illegal cultivation of opium-poppy plants - Testimony of Panch witness - PW1 is a habitual panch witness, reason being his acquaintance with informant - He cannot tell even by approximation as to what crops were grown in the field where raid was carried out - Not only FIR but contents of panchnama..........
