Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Conscious possession - Word `conscious' is related with mental state of a person and his knowledge about something - It does not take attributes of physical possession - If a bag containing contraband is found in house of accused, it goes without saying that first impression of an ordinary prudent man is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1) -- Contraband - Seizure Panchnama discloses recording of reasons by police officer for not being able to apply for search warrant and also compliance of S.42(1) Proviso of the Act - Panchnama also shows search being made in presence of a gazetted officer - There is thus, due compliance of all requirements..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8(c), 22(b), 22(c) -- Bail - Contraband - Secret information - Police officer received a report about likelihood of offences under NDPS Act being committed - Informant only suspected possession of contraband substances regarding which no FIR could be registered..........
Prohibition of Child Marriage Act, 2006, Section 10 -- Child marriage - Performance of marriage by Mandir, Masjid, Gurudwara and Girjaghar without maintaining any record - Directions issued viz. (i) All the Pujari/Pandit of Mandir, Molwi/Qazi of Masjid, Granthi of Gurudwara and Paadari of Girjaghar in the States of Punjab, Haryana and U.T. Chandigarh, will maintain a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized under NDPS Act - Merely because vehicle was used to carry narcotic substance and same is seized under the Act, cannot be termed to be a ground for declining release of vehicle on sapurdari - Vehicle released on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized under NDPS Act - Aspect of confiscation of vehicle can be looked at appropriate stage but it cannot be termed to be a circumstance to deny release of vehicle on sapurdari - Vehicle released on sapurdari...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 8.38 gms heroin and 706.200 gms capsules - Recovery of heroine effected from vehicle occupied by four accused which fell under intermediate quantity - However, weight of recovered capsules exceed 250 gms notified as commercial quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 54 -- Recovery of 13 kg charas - Conscious possession - Accused was on counter of dhaba, which was constructed on land owned by his wife and charas was found in counter of dhaba in a gunny bag - He thus, not only had direct physical control over charas, he had knowledge of its presence and character -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 13 kg charas - Reduction of sentence - Incident occurred in 2001 - Accused who claimed to be priest in temple is aged about 65 years - Sentence awarded to accused reduced from 15 years R.I to 10 years...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 20 kg ganja - Independent witnesses turned hostile - However, police witnesses are reliable and trustworthy - All of them thoroughly cross-examined by defence - There is no allegation of any enmity between police witnesses and accused - Accused rightly convicted...........
