Criminal Procedure Code, 1973, Section 319, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of contraband from a truck - Person who has already sold the truck cannot be added as accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Search and seizure - Recovery of 100 bags containing 39 quintals 88 kgs. of poppy husk from the possession of appellants - In the absence of accused being arrested on the spot, case of the prosecution that appellants were in possession of the contraband cannot be said to have been proved beyond reasonable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42 -- Recovery of contraband carried in a truck/vehicle - Conviction - Appeal against - Conviction challenged on plea of violation of provision of S.42 of the Act - Seizing Officer having received secret information in writing did not record his reasons of belief of commission of offence nor did he disclose..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of contraband carried in a truck/vehicle - Right of accused of search in presence of Gazetted Officer - Available only when person of accused is to be searched - When contraband is recovered from vehicle whereby it was being transported provision of S.50 is not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of contraband carried in a truck/vehicle - Appellants were sitting on gunny bag who were identified by seizing officer ASI and they ran away in dark - Vehicle was intercepted in midnight - Police party was equipped with torch, arms, wireless and vehicles and were seven officials - It is difficult..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of contraband on receipt of secret information by Police - Provisions of S.42 of the Act not complied with - Held, it is not fatal when case was proved by other evidence led by prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Appellant took I.O. to a building and went into a room and from one cupboard took out polythene bag containing brown sugar - Ownership and possession of premises from where contraband was seized as belonging to appellant not established - Held, appellant is entitled to acquittal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Non-compliance of - Effect - Police party received secret information, while they were on patrol duty - Priority was first to seize the contraband - DSP was immediately informed on wireless and he reached the spot - Failure to comply with Section 42 of NDPS Act cannot be said to be fatal to the case of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18,25 -- Search and seizure - Recovery of 2 kgs 100 gms of opium from the Tool Box of jeep - Jeep being driven by accused-appellant 'P - - 'P - apprehended at the spot and revealed the name of three accused-appellants as the persons who had run away from the spot - Case of the prosecution against the three..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), 2, 23 -- Conscious possession - Recovery of contraband from cavity of jeep - Accused (Driver) of jeep immediately stopped the jeep when required by custom officer and no attempt made to prevent search or to run away - Accused ignorant about the recovered contraband - Accused was employed 15 days before..........
