Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Contraband - Search and seizure - Two independent witnesses who were associated in recovery proceedings were not examined in evidence and no explanation was given by prosecution as to why they were not examined - Prosecution neither examined any witness nor produced any document to satisfy..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - No proceedings u/s 52-A of the Act were undertaken by I.O. for preparing an inventory and obtaining samples in presence of jurisdictional Magistrate - FSL report is thus, nothing but a waste paper and cannot be read in evidence - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Contraband - Search and seizure - A-3 and A-4 were not arrested at the spot - Offence u/s 20(b)(ii)(c) of the Act deals with production, manufacture, possession, sale, purchase, transport, import or export of cannabis - It is not the case of prosecution that A-3 and A-4 were found in..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed within one month of accrual of cause of action - No fault can be found, on the ground of limitation, with the summoning order...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Narcotic Drugs and Psychotropic Substances (Seizure, storage, sampling and disposal) Rules, 2022, R.10 - Contraband - Drawing of samples - Contraband was seized separately by Detecting Officer from the bodies of A-1 and A-2 in two separate covers - He thereafter mixed the contraband without permission of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity was seized from accused - Rigour of S.37 of NDPS Act will apply - Accused has no criminal antecedents - There are reasonable grounds to hold that accused has not committed the offence and is not likely to commit..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bars since 2022 i.e for past almost 2 years - Out of total 14 PWs only 4 have been examined so far - Conclusion of trial may take long time - Accused is not involved in any other case of similar nature - Accused has been..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Accused contended that application for extension of time of investigation from 180 days to 1 year was also filed on the same day when he applied for default bail - However, State contended that application for extension of time for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Contraband - Bail - Bar as provided in S.37 of the Act cannot be invoked where evidence against accused appears to be unbelievable and does not seem to be sufficient for the purpose of conviction of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - No recovery has been effectuated from accused - Merely because accused was in regular touch with co-accused is not sufficient to prima facie establish the offence against accused - Accused arrested on basis of disclosure..........
