Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Charas - Recovery from house - Wife and husband tried for the offence - At the time of search husband was not present in house - Recovery and possession proved beyond doubt - Conviction of both accused - Trial Court justified in inferring that husband was also in possession of Charas - Conviction..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Charas found kept in a bag which was hanging on the scooter on which accused were riding - Person of accused not searched - No necessity to inform accused about his right to be searched in presence of a Magistrate or a Gazetted Officer...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4), 18 -- Female - Search - To be searched by a female - Provision of S.50(4) is mandatory - Search of a female made by a male - Search is vitiated - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 437, 439 -- Bail - 5 Kg. of Opium recovered - Jurisdiction of Court to grant bail is circumscribed by the provisions of S.37 of the NDPS Act - Accused should not be released on bail during trial unless mandatory conditions i.e. reasonable ground for believing that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 8(c) -- Packets containing 3.8 kg. of heroin seized from room of hotel in which accused was staying - Accused was the only person staying in room - Trial Court found evidence of PW1 and PW2, Search Officers and PW4, Panch witness reliable - Panchnama corroborated evidence of witnesses - Defence of accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search and seizure - Non compliance with mandatory provision of S.50 - Search and seizure cannot be relied upon - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search & seizure - Non-compliance of provision of S.50 - Accused not informed of his right to be searched before Gazetted Officer or Magistrate - Held, search conducted in violation of S.50 of the Act would vitiate search and prejudice would be caused to accused if requirements are not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Scope and ambit - Right of accused to be searched in the presence of Magistrate or Gazetted Officer - S.50 comes into play only in case of search of a person if search is made without prior information as contemplated under S.42 during normal investigation requirement of Section not attracted - It is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Presumption as to Commission of offence on basis of possession of illicit articles - Condition precedent to raise presumption - Presumption must establish that accused was found to be in possession of contraband in search conducted in accordance with mandate of S.50 - Illegal search cannot entitle..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, Criminal Procedure Code, 1973, Section 100, 165 -- Search and seizure - Provisions of Cr.P.C. not inconsistent with provisions of NDPS Act - Provisions of Cr.P.C. are applicable for affecting search, seizure or arrest under NDPS Act also...........
