Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Compliance of S.50 of the Act - Offer to search given to accused in writing and on his giving consent he was accordingly searched - Held, provision of S.50 of the Act complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, 53, 55 -- Contraband - Seizure, sampling, safe keeping and disposal of seized Drugs, Narcotics and Psychotropic substances - Measures to prevent substitution and pilferage from stores - Directions issued, viz. :(i) No sooner seizure of any Narcotic Drugs and Psychotropic and controlled Substances and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Accused convicted - Plea of accused that investigation was improper as it was conducted by PW6, who himself was complainant - Plea rejected as search of accused was conducted in the presence of and under the instructions of PW4 - Extracts of depositions of other PWs show that it..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 25, 29 -- Contraband - Conviction - Set aside by High Court - Reasons given by trial Court along with entire evidence in that regard not taken into consideration while reversing the judgment - Judgment and order of High Court quashed - Case remitted to High Court for decision afresh in accordance with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35 -- Recovery of 13 quintals and 20 kgs poppy husk - Conscious possession - Once physical possession of contraband by accused is proved then S.35 of Act comes into play and burden shifts on accused to prove that he was not in conscious possession of contraband...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 13 quintals and 20 kgs poppy husk - Non-examination of independent witness - When there is satisfactory explanation for no, examination of independent witnesses, conviction can be based solely on the testimony of official witnesses if evidence of such official witnesses inspires confidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 13 quintals and 20 kgs poppy husk - Non-examination of Investigating officer (I.O) - No doubt it is always desirable that prosecution has to examine the I.O who prepared the rukka but mere no, examination of I.O does not in every case cause prejudice to accused or affects credibility of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35 -- Recovery of 13 quintals and 20 kgs poppy husk - Conscious possession - Accused being a driver of tractor was in conscious possession of 33 bags of poppy husk in the trolley attached to tractor - Testimony of PW1 and evidence on record amply establishes physical possession of contraband by accused - Burden..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 13 quintals and 20 kgs poppy husk - False implication - Accused in his statement u/s 313 Cr.P.C. has not taken any plea that accused was not in conscious possession of contraband - Accused only pleaded that a false case has been foisted against him - Plea rejected as it is highly improbable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 13 quintals and 20 kgs poppy husk - Conscious possession - Reduction of sentence - Occurrence of the year 1990 and accused suffered a protracted proceeding of about 25 years, thus, sentence reduced from 12 years to 10 years...........
