Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 230 gms charas - Independent witness declared hostile - In cross examination he admits to having duly perused the contents of the documents before having signed them and not under any police pressure - He independently stated that vehicle of accused was stopped, his consent was taken, a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3 kg 100 gms charas - Search and seizure - Accused admitted that they were present on the spot, some interaction with police had indeed taken place, that there was sufficient cause to stop vehicle and that such search was based not on any prior information but was spontaneous and thus, it was a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37 -- Recovery of 255 gms heroin - Weight of contraband - Recovery effected is marginally more than commercial quantity - Contention of accused that weight of contraband with polythene was 255 gms and if polythene and heroin are weighted separately then recovered contraband would come out to be less than 250..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), 22 -- Recovery of charas - Appeal against conviction - Accused acquitted for following reasons: (i) prosecution not produced evidence to prove that recovered contraband was kept intact in malkhana from alleged date of its recovery; (ii) personal search of accused not conducted before a Magistrate or any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 20(b)(ii)(A) -- Recovery of 930 grams of Hashish Oil - Nature of offence - Quantity recovered is an intermediary quantity - However, trial Court by treating the quantity seized as small quantity, wrongly sentenced the accused using S.20(b)(ii)(A) of the Act - It can be treated only as a clerical..........
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..........
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 -..........