Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 11.800 kgs Ganja - Report made by PW1 u/s 57 of the Act to PW5, his immediate superior officer was got marked - There is thus, compliance of provision of S.57 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Conscious possession - Commercial quantity was recovered from accused - Suitcase which contained ganja was on lap of A-1 - Bag which contained ganja was below the seat of driver/A-2 of autorickshaw - Accused thus, was in conscious possession of contraband - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms opium - Search and seizure - Suspected contraband was found and seized from pocket of shirt worn by accused - Search was a personal search and thus, Seizure Officer was under an obligation to comply with mandatory requirements of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms opium - Search and seizure - Personal search of accused - I.O casually conveyed accused that he could be searched before a Gazetted Officer or a Magistrate - No attempt was made to apprise accused of existence of a right to be searched before either of two - Notice given to accused is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 250 gms opium - Search and seizure - Neither Muddamal nor sample packet returned from FSL were exhibited - There is no satisfactory material available on record which can satisfy Court that seizure of contraband opium was actually effected by Seizure Officer during personal search of accused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 90.5 gms heroin - Quantity recovered is less than commercial quantity as per notification applicable but greater than small quantity - Rigors of S.37 of NDPS Act thus, not applicable - Petitioner is in custody since Mar 2019, he is a Nigerian..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 42.795 gms charas - Recovery effected from bag carried by accused and not from search of his person - S.50 of the Act held, not applicable to the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 42.795 gms charas - Search was not from a building convenience or an enclosed place, but was from a public place i.e road - Provision of S.42 of the Act not attracted - However, prosecution has complied with requirements of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 42.795 gms charas - S.57 of the Act is directory in nature - Prosecution tried to prove its compliance by relying upon a document, which is not verified and instead surrounded with suspicion - There is thus, non-compliance of S.57 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 42.795 gms charas - Statement of independent witness - Explanation of independent witness/PW2 that police had taken his signatures in police post - Non-examination of other independent witness by mere declaration that he was won over by accused and suspicion of creation of re-seal memo, creates..........
