Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17C -- Recovery of 5 kg opium - Search and seizure - Dispassionate scrutiny of oral testimony of independent witness, PW5 and PW6 coupled with panchnama suggest that independent witness is not a trustworthy witness - Prosecution failed to establish fundamental facts of search, seizure and taking sample beyond..........
Indian Penal Code, 1860, Section 228A -- Non disclosure of identity of rape victim - Directions issued to print media, electronic media, people using social media such as Whats app, Facebook, Internet, Twitter etc, while giving information/circulating information relating to offences u/ss 376, 376-A, 376-B, 376-C, 376-D, 376-E IPC and offences under POCSO Act, shall not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 32B -- Contraband - Conviction - Imposition of higher than minimum punishment - Trial Court failed to advert to factors enumerated in S.32-B of the Act while imposing higher than minimum punishment prescribed u/s 20(b)(ii)(c) of the Act - Even no reason is forthcoming for imposing such punishment -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20, 21 -- Recovery of smack and poppy straw - Reduction of sentence - Accused sentenced to 5 years R.I with fine of Rs.25,000 and in default of payment of fine, to undergo imprisonment for three months - No accused person is incapable of being reformed and therefore, all measures should be applied to give..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg charas - Non-compliance of mandatory provision of S.50 of the Act - Trial of case vitiated - Conviction and sentence set aside...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 61 -- Bail - Recovery of 120 kg poppy husk and 1 kg opium - Recovery effected from Truck of which accused was conductor - Whether contraband recovered was put in truck with knowledge of accused or same could be considered to be recovery from accused's person..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Bail - Petitioner nominated as an accused on disclosure statement of co-accused - Complicity of petitioner will have to be determined by quality of evidence led during trial - As regarding self incriminatory statement of petitioner himself, since he is in custody..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, 29 -- Bail - Contraband - Investigation in the matter is complete - Challan stands presented - No useful purpose would be served in keeping petitioner behind bars - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), 63 -- First Proviso - Confiscation - if article or thing seized in a case involving narcotic drugs or psychotropic substances is established as belongs to accused himself in the trial held against him, trial court shall decide on the liability of those to confiscation in the very same proceedings itself..........
Criminal Procedure Code, 1973, Section 452, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Release of seized vehicle - Vehicle involved in NDPS case - Notice issued to petitioner to show cause against proposed confiscation - But, trial Court failed to conduct any enquiry into relevant aspects as contemplated u/s 60(3) and S.63 First Proviso of NDPS Act..........
