Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 18 -- Illegal cultivation of opium-poppy plants - Agricultural land in question belonged to accused - However, accused was not found in the field at the relevant time - No proof is forth coming from prosecution to establish that accused was in exclusive possession of field or he had actually cultivated..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 18 -- Illegal cultivation of opium-poppy plants - There is no evidence of safe custody of seized muddemal - It cannot be said that prosecution has ruled out possibility of sample parcels having not been tampered with by anybody till it reached hands of chemical analyser - This circumstance makes..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 kg Poppy husk - Reduction of sentence - Accused is not involved in any other case - He has already undergone actual sentence of 5 months and 1 day - No useful purpose would be served by keeping accused behind bars further - Sentence awarded to accused thus, reduced to period already undergone..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 1450 intoxicating tablets - Three persons travelling on motorcycle signaled to stop and at that time bag lying between driver and person sitting to next fell on road - Whether petitioner can be attributed conscious possession of contraband, is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 52A -- Recovery of huge quantity of heroin - Procedure adopted for drawing sample neither conforms to procedure prescribed u/s 52-A of the Act, nor under Standing Orders - Even, samples sent to CRCL were not representative samples - I.O without weighing contents of each individual packet, mixed powder..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Default bail - Recovery of 211 grams heroin - Report u/s 173(2) Cr.P.C was filed by police before expiry of period of 60 days without CFSL report, which cannot be said to be incomplete - Accused not entitled to bail u/s 167(2) Cr.P.C on the ground of filing of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Independent witnesses completely denied of their presence during search and seizure and that they only signed the documents at a different place and time on instruction of Excise officials - Reasonable doubt arises in prosecution case regarding search and seizure of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 30 kgs ganja - Non-compliance of S.50 of the Act - Mere taking LTI impression of accused on a re-printed format will not satisfy due compliance of S.50 of the Act - For said purpose it is duty of Detection Officer to take search of accused in an NDPS case before Executive Magistrate or Gazetted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Weighment of contraband - When place of seizure is public place and weighment chart is not produced nor brass seal, nor independent witness supports prosecution version, doubt on prosecution case regarding seizure of contraband of particular quantity becomes grave - It..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Informant is also I.O, who detected accused with contraband, conducted search and seized the same, lodged first information and also conducted entire investigation - It is not the case of prosecution that there was no other Officer available to conduct investigation nor..........
