Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner found in possession of some tablets, capsules and other medicines - Petitioner holding a valid wholesale drugs and sale licence - But sale license not shown at the time of recovery by the Police - Complaint can be initiated by..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substance Act, 1985, Section 21,25,29,61,85, Explosive Substances Act, 1908, Section 3,4,5, Unlawful Activities (Prevention) Act, 1967, Section 17,18,19,20, Indian Penal Code, 1860, Section 120B -- Huge recovery of RDX, Heroine, Fuse Wire, Live detonators and fire/timer devices - Bail - Refused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), Criminal Procedure Code, 1973, Section 313 -- Contraband - Statement of accused u/s 313 Cr.P.C. - Questions not put to accused with regard to receipt of secret information and report of FSL - Incriminating circumstances appearing in statement of PW's not put to accused - Question not put with regard to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36C, 36A, Criminal Procedure Code, 1973, Section 4(2), 190, 193 -- Offence under NDPS Act - Cognizance by special court - Procedure for - Held, special court is supposed to take cognizance on the basis of investigation report/complaint submitted before it - NDPS Act does not require a committal proceeding to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35, Criminal Procedure Code, 1973, Section 457, 451 -- Cognizance by special court - Presumption u/s 35 against accused - Held, S.35 of the Act reveals that it creates a rebuttable presumption against accused - Said presumption cannot be drawn at initial stage of taking cognizance - It can be invoked only..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Criminal Procedure Code, 1973, Section 293 -- Contraband - Recovery of - FSL report - Admissible in evidence and it is not required to be proved by the person who prepared it...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Criminal Procedure Code, 1973, Section 293 -- Contraband - Recovery of - FSL report - Report is admissible in evidence - Every fact mentioned in the report is admissible in evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - For grant of bail in a offence under NDPS Act it is S.37 of NDPS Act which applies and not S.439 Cr.P.C. - In case of inconsistency between the two provisions, it is S.37 of NDPS Act which prevails - Though Court has power to grant bail u/s 439 Cr.P.C. but..........
Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and..........
Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and..........