Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 22(C) -- Recovery of 98 kgs Ganja - Delay in sending samples to FSL - Sample was sent to FSL after about 6 months of seizure - FSL report also does not indicate as to mode in which parcel was packed on receipt or description of seal - No material on record as to where was consignment of narcotic,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized for transporting 38 kgs poppy straw - Charge sheet already filed - More than 8 months have passed since seizure of vehicle - It is thus not appropriate to keep the vehicle idle for indefinite period - Nothing on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 9, 25A, 37 -- Bail - Offence u/s 9 read with 25(A) of the Act is not covered by the embargo against bail postulated in the provision of S.37A of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 9A, 25A, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 23320 kgs Methaqualone tablets - Bail - Petitioner tried to set up a plant for manufacture and trade of Methaqualone without ensuring that co-partner had a valid licence for commissioning of plant - No evidence on record that petitioner..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Evidence Act, 1872, Section 154 -- Recovery of 4 kg 400 gms charas - Hostile witness - Recovery effected from bag kept beneath three seater bench of bus - Independent witness supported prosecution case, whereas, PW3 (conductor of bus) desisted from lending support to entire prosecution case - However, PW3..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 4 kg 400 gms charas - Search and seizure - Identification of possessor of bag - Recovery effected from bag kept beneath three seater bench of bus - However, it was not sure as to whom that bag belonged - There is material contradiction with regard to identity of possessor of bag in which..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Default bail - Contraband - Charge sheet not filed within 60 days which expired on 4.8.2017 - Charge sheet filed on 20.9.2017 - Application for bail filed on 19.9.2017 and application for default bail filed on 21.9.2017 - Held, bail application not to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kg charas - Recovery effected from the bag - Personal search of both the accused was also carried out - Accused were informed that they have a right to be searched before gazetted officer or a Magistrate, to which they declined and gave their consent to be searched by police party - No reason..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 19 kgs poppy husk - Non-compliance of S.50 of the Act - Notice u/s 50 of the Act given by ASI only makes an offer that accused has a right to be searched before him or some senior officers - Neither it is mentioned in notice that accused has a right to be searched before a Magistrate nor it is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, 52A(3) -- Recovery of 19 kgs poppy husk - No inventory prepared either by ASI or by SHO - Even provision of S.52-A(3) of the Act not followed, as after arrest of accused and on seizure of contraband, they were not produced before Magistrate for purpose of verification or obtaining any order from Magistrate..........
