Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Second bail application - Accused is having requisite certificate and drug license to run medical store which is not disputed - He has not disposed of or sold even a single bottle of drug in question, which he purchased through bills -..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20 -- Default bail - Contraband - No application was filed by public prosecutor seeking detention of accused beyond 180 days - Indefeasible right had accrued in favour of petitioner when police failed to complete the investigation and put up the challan..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, Evidence Act, 1872, Section 25 -- Confessional statement - Officers empowered u/ss 41, 42 of NDPS Act neither having power to investigate nor to file a police report meet the test of police officer for the purpose of S.25 of Evidence Act - Consequently, bar u/s 25 of Evidence Act is not applicable against..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Confessional statement - S.67 of the Act is at an antecedent stage to the investigation, which occurs after the empowered officer u/s 42 of NDPS Act has the reason to believe upon information gathered in an enquiry made in that behalf that an offence under NDPS Act has been committed and is thus not even..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41 -- Contraband - Secret information received by PW2 was limited to anticipation of A-4 carrying contraband from a particular route in an auto rickshaw, remains unchallenged - Accordingly, there was no prior information to the raiding party, including Gazetted Officer that there is contraband in the house of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is in custody for the last 1 year, 1 month and 11 days - Although he is involved in one more case, but that does not pertains to NDPS Act - Out of 18 witnesses as cited by prosecution, not even a single witness has been examined..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Neither any inventory was prepared nor same was produced before jurisdictional Magistrate on the next date - There is thus, a clear violation of S.52-A of the Act - Appellants acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - There is no application made by Customs officials for disposal of seized contraband u/s 52-A(2) of the Act to the jurisdictional Magistrate - No application has been filed by Investigating Agency for certification of correctness of inventory, photographs..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - I.O discloses that he did not mention in his final complaint as to where and in what condition the samples were kept from 16.06.2015 to 18.06.2015 - As per the final complaint, 24 grams of samples collected but he did not give any explanation as to how 24..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for investigation - Application for extension prepared by Investigating Officer and forwarded by Public Prosecutor - No report submitted by Public Prosecutor - Provision of S.36A(4) explicitly stipulates that Court may grant an extension only upon receipt of a report from Public..........
