Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Recovery of intoxicant capsules and tablets - Search and seizure - Recovery effected from cardboard box in possession of accused `H', which was proved by PWs - Case property remained intact and was not tampered with after recovery - PW2 and PW3 had categorically deposed that Form M-29 was prepared at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Recovery of intoxicant capsules and tablets - Search and seizure - Accused `S' was not apprehended at the spot nor he was arrested during investigation - PW3/inspector stated that he has seen accused `S' in Court during trial and before that he never seen him - No confessional statement was got..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 29, Criminal Procedure Code, 1973, Section 228 -- Recovery of heroin - Jumbled up charge - 3.5 kg heroin was recovered from accused `A' and 50 kgs of heroin recovered from rented premises of accused `D' - Trial Court framed jumbled up charge combining both the recoveries together - However,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 29 -- Recovery of 3 kg heroin from accused `A' - Non-examination of independent witnesses - Consistent version of PW appear to find corroboration from voluntary statement of accused - Accused has not retracted his statement in the course of trial - Non-examination of independent witness does not affect..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 kg heroin from accused `A' - Non-compliance of S.50 of the Act - Recovery effected from a bag carried by accused in a public place u/s 43 of NDPS Act and not pursuant to a search of his body - However, offer was given to accused to be searched before a Gazetted Officer or Magistrate and he..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 29 -- Recovery of 50 kg heroin from accused `D' - Recovery effected from rented accommodation under the possession and control of accused `D' - Accused admitted u/s 313 Cr.P.C that he was a tenant under PW9 - PW9 proved tenancy agreement between himself and accused where 50 kgs of heroin was seized -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 29, 31A -- Recovery of heroin - Death sentence - 3.5 kg heroin was recovered from accused `A' and 50 kgs of heroin recovered from rented premises of accused `D' - Accused `A' was convicted on two occasions for possession of narcotic substance above commercial quantity - He was awarded death sentence in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 17 kg poppy husk - Non-joining of independent witness - There was no market or village near place of recovery - SI and recovery witness have fully supported prosecution case and their testimonies are without any material contradiction and were rightly found as reliable - Non-joining of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 17 kg poppy husk - Recovery effected from plastic bag carried by accused on his head and not on his personal search - Provisions of S.50 of the Act not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 17 kg poppy husk - Reduction of sentence - Recovery effected from accused in 2001 - Custody certificate produced on file shows that at the time of suspension of sentence of accused, he had undergone 7 months and 29 days of imprisonment and has not been found involved in any other case..........
