Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Order of release by trial Court - Release order set aside by appellate Court - Findings of appellate authority regarding exhaustion of need of daughter-in-law of petitioner after having been settled along with her family at place `D' could not be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 27A, 61, 85, Criminal Procedure Code, 1973, Section 167(2) -- Recovery of 4 kg 400 gms Alprazolam Tablets - Default bail - Repeated extension of time on same ground by trial Court, treated as mechanical orders passed by trial Court - No exceptional circumstances were revealed which could have indicated why..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - There is no specific form prescribed or intended for conveying information required to be given u/s 50 of the Act, but what is necessary is that accused should be made aware of existence of his right to be searched in presence of one of officers named in S.50 of the Act i.e Gazetted Officer or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Merely if a bag carried by a person is searched without there being a search of his person, S.50 of NDPS will have no application, but if bag carried by him is searched and his person is also searched, S.50 of the Act, will come into play...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Suspect may or may not exercise his right u/s 50 of the Act of being searched by Magistrate, but an obligation is cast upon raiding party to apprise him of such a right...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of cocaine, ganja, charas and supporting materials - Notice issued to accused was specifically issued for carrying his personal search and bag/sack came to be searched and search was carried out of his person also - Compliance of S.50 of the Act is therefore imperative - However, intimation does..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 25 -- Bail - Recovery of cocaine, ganja, charas and supporting materials - Quantity of ganja and charas seized is small quantity whereas, quantity of cocaine seized is intermediate quantity - Rigors of S.37 of NDPS Act thus, not attracted - Traces of cocaine is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 10 kg Charas - Non-compliance of S.50 of the Act - Recovery effected from trolley bag of accused - Contraband was not recovered from personal search of accused - However, after recovery, police personnel took personal search of accused also - Accused was orally given option regarding search..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Plea of false implication - 10 kg charas recovered from possession of accused and market value of same is 1 crore - Hence, it cannot be presumed that police planted charas worth Rs.1 crore falsely - As regarding contention of accused that police demanded..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C), 23(C) -- Recovery of 10 kg Charas - Report of FSL is a public document and admissible in evidence - There is no requirement to call Director of that Laboratory to get report proved - Report on record shows that sample sent to it was found to be charas - Remaining recovered charas was produced..........
