Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 8.800 kg opium - Recovery affected from a bag carried by accused and not from his personal search - Provision of S.50 of the Act is not applicable to case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 8.800 kg opium - Objection was raised regarding samples at S.P.Office - However, concerned witness from S.P.Office was not examined by prosecution - No document on record which satisfies Court regarding nature of objection made at S.P.Office - If at all, prosecution was desirous of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 1.150 kgs charas - Conscious possession - Major contradictions in the statements of official witnesses regarding documentation and case property - No entry in Malkhana register about taking out the case property to Court - Prosecution failed to prove that contraband was recovered from the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 450 gms charas - Accused apprehended while sitting in the bus carrying black coloured bag in his lap which contained charas - However, prosecution has not examined any of 40-42 passengers - Prosecution case is not supported by PWs - PWs denied the recovery in their presence - Major..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 450 gms charas - Case property produced in Court while recording the statement of PW10 - However, person who brought the case property from Malkhana to Court not examined - No entry is made in the Malkahana register as to who has taken the property to Court and re-deposited the same - It casts..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 500 gms opium - Bail - Recovery not commercial quantity - Investigation is complete - Petitioner not required for custodial interrogation - Trial would be concluded in due course of time - Contention that if bail is granted, then petitioner..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 8(c), 21(c) -- Offence u/s 8(c) and 21(c) of Act - Reduction of default sentence - Accused convicted and sentenced to undergo R.I of 10 years along with 1 lac fine in default to undergo further period of six months - They suffered a substantive sentence of 10 years but during these ten years they failed to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Offence u/s 15 of NDPS Act - Petitioner has already undergone sentence in another case which was pending against him under NDPS Act - Other co-accused in this case already granted bail - Bail allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 330 gms charas - Nothing on record that Rr.22.70, 27.18 of Punjab Police Rules (as applicable to State of H.P) were followed while producing case property in Court and on returning the same - These Rules framed to ensure that case property from its initial stage of seizure till production in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Punjab Police Rules, 1934, Rule 22.18 -- Search and seizure - Recovery of 350 grams of charas - Production of case property in Court - Entry in register - Non following rules - Accused acquitted - Rules have been framed to ensure that case property from its initial stage of seizure till production in Court..........
