Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(d), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Accused convicted and sentenced u/s 18 of NDPS Act - Accused sought parole for repairing house - Parole declined - Held, release on parole for house repair can be granted once in 3 years - Accused already availed parole for 4..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1985 gms. of heroin from handbag which accused was carrying - Searching Officer apprised accused that he could be searched before Magistrate or Gazetted Officer from customs - Held, S.50 the Act duly complied with - Even otherwise there was no need to apprise accused about search when the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 25 -- Transportation of 15 Kg. heroine - Confessional statements by the accused - Accused retracted from confessional statement within three days from the date of recording - Accused also filed petition before Magistrate that he was ill treated - Jail doctor also noticed injuries on the accused - Held,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21 -- Recovery of 55 grams of heroin - Link evidence - Investigator stated that the property which was recovered was sealed - Neither in recovery memo nor in special report it was so mentioned - Form 95 was produced before the Magistrate on the next day - Property was produced before the special court..........
Customs Act, 1962, Section 102, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Fake currency notes - Recovery when accused entered India from Pakistan - S.102 of Customs Act is in pari materia with Section 50 of NDPS Act - Contention that personal search could be carried before Magistrate or Gazetted Officer not tenable as no personal search of accused..........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Quashing of FIR - Accused acquitted on ground of alibi as he was admitted in hospital as he suffered injuries when he was on his way to Hanumangarh - Present FIR lodged against petitioners on allegations that they produced false certificate qua admission of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Allegation of search and seizure of 10 kg. of poppy husk from the accused - Accused acquitted on the following grounds : (a) Recovery was effected from thoroughfare but no body from near vicinity was joined as independent witness; (b) Accused had opted for a search before Magistrate but no such search was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 20 -- Recovery of charas - Non compliance of Section 55 of the Act - Effect of - Case property not produced before area Magistrate - No explanation for the same - Breach of Section 55 fatal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of one kg. of poppy husk from accused - Accused acquitted on the following grounds : (a) No entry made in Register No.19 regarding the deposit of case property with MHC; (b) No explanation offered as to how the seal and initials of Magistrate on the case property were missing when produced in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of opium from plastic bag carried by accused - Search before Naib Tehsildar - Accused contended that Naib Tehsildar was neither gazetted officer nor Magistrate and thus there was no due compliance of S.50 of the Act - Contention repelled - Held, though Naib Tehsildar is vested with the power of..........
