Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Poppy straw - Recovery of 70 kgs. - Conviction on the evidence of official witnesses - In a case of this nature, it is better if prosecution examines at least one independent witness to corroborate its case - However, in the absence of any such witness, if the statements of police officers are reliable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Poppy straw - Recovery of 70 kgs. from two bags - Contents of both the bags mixed - Two samples of 250 gms. each taken out - Even after taking two samples of 250 grams each, the quantity measured comes to 69.50 kgs which is more than commercial quantity (small quantity 1000 gms/commercial quantity 50..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 29 -- Sentence in an offence u/ss 8(c), 21 & 29 of the Act - Accused first time offenders - Sentence reduced from 15 years to minimum sentence of 10 years...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 29, Indian Penal Code, 1860, Section 63, 64, 65, 66, 67, 68, 69, 70 -- Imprisonment in default of payment of fine - Accused convicted u/ss 8(c), 21 & 29 of NDPS Act and sentenced to 15 years RI and to pay fine of Rs.1.5 lacs - Imprisonment in default of payment of fine reduced from 3 years to 6 months..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Drugs and Cosmetics Act, 1940, Section 27, Drugs and Cosmetics Rules, 1945, Rule 65, 97 -- Recovery of 45,000 bottles of cough syrup - Transportation without valid documents - Cough syrup contained narcotic substance beyond prescribed limit - Appellant not in a position to explain as to whom supply was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Statement of accused u/s 67 of the Act - I.O. admitted in cross examination that all proceedings at the appellant's house were counter signed by two witnesses - Statement u/s 67 of the Act not bearing signatures of two witnesses - Creates a doubt in the mind of Court that document produced in Court may not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, Constitution of India, 1950, Article 47 -- Seized narcotic drugs - Destruction of - Held, it is not only a statutory duty but a constitutional mandate - Considering the procedural difficulties arising due to huge pilling up of seized drugs direction given for collection of information on seizure, storage,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Destruction of seized opium - Remedial steps to plug the holes - Hazardous nature of the substance seized in large quantities all over the country must not be let loose on the society because of human failure or failure of the system - Amicus curiae appointed to assist the Court regarding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c),20(b)(i),50,42 -- Recovery of ganja packets from possession of accused - Conviction - Sustainability - Prosecution story that accused themselves took out Ganja packets from their pockets runs contrary to the version of PW1 and PW2, therefore, not inspire confidence - No clear communication to accused that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Applicability of the amending provision - Amending provision coming into force on 2.10.2001 - All cases, in which trial had concluded and appeals were pending on 2.10.2001, when amending act came into force, the amendments introduced by the amending Act would not be applicable and case has to be disposed..........