Criminal Procedure Code, 1973, Section 157 -- Investigation - Directions issued : (a) In every case, where FIR has been registered regarding commission of a cognizable offence, investigation shall be conducted by Investigating Officer, strictly in accordance with provisions of Code of Criminal Procedure, 1973; (b) In every case, where after registration of FIR,..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 37 -- Bail - On the ground of parity with co-accused - Recovery of 24.560 kgs Ganja - Commercial quantity - Accused were caught red handed while transporting commercial quantity of ganja - Whether A-3 was only a gratuitous traveller or whether A-2 was..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Suspension of sentence during pendency of appeal filed against conviction - Offence u/s 21(c) of NDPS Act - Petitioner sought suspension of sentence on medical condition - Doctor who examined petitioner in jail suggested that petitioner needs a better..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 4 kg charas - Non-joining of independent witnesses - Shops were situated where recovery was effected and accused was apprehended - But no effort made by I.O to associate anyone among those shopkeepers in investigation - It has nowhere been stated that I.O has approached said witnesses but..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 4 kg charas - Sampling process - I.O after having sealed sample should have kept said seal on sapurdnama of an independent person or a person other than his subordinate who was not posted in said Police Station or was not under his command or control - This infraction itself is a ground for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 4 kg charas - Sampling process - I.O has failed to observe rules framed for recovery and seizure of contraband under the provisions of the Act - Having regard to statement of I.O as regards sample prepared and sample received by Chemical Analyst a doubt is created whether sample examined by..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, 17 -- Offence u/s 7/16 of the Act - Nominee of company - Nomination in Form VIII duly sent and received - It cannot be rejected on the ground that it was sent on the letter head of the company - Averments in complaint clearly indicate that it was the name of one `D' which was with the Local Health Authority, hence..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 9A, 25A, 23, 29 -- Appeal against grant of bail - Contraband - High Court while granting bail not applied mind to rival submissions, particularly to seriousness of allegations involving offence punishable under NDPS Act - Merely recording submission of parties does..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 -- Conspiracy - To attract S.29 of the Act, prima facie evidence of conspiracy or connivance should be recorded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 20(b)(ii)(A), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of charas - Applicant is a German national working as qualified Audio Engineer and a roofing specialist - He came to India for first time for tourism purpose - There are no criminal antecedents of applicant - Contraband was..........
