Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 7 kg opium - Recovery effected from a package being carried by accused in his hand at a public place - Provision of S.42 of the Act thus not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Recovery of 7 kg opium - Nothing on record to satisfy as to what were specimen seal impressions which were allegedly forwarded by I.O to FSL along with samples of contraband - Link evidence pertaining to sanctity of sample is breached - Accused rightly acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29, Evidence Act, 1872, Section 30 -- Confession of co-accused - Recovery of 7 kg opium - No evidence against accused to connect him with alleged offence except confession of co-accused - Such a confession is not admissible in evidence for any purpose whatsoever - Accused rightly acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Compliance of S.50 of the Act - Not applicable when it is a chance recovery...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 37 kg ganja - Testimony of PW1 with regard to DD entry relating to movement of patrolling party and call details records pertaining to said raiding party completely discredited prosecution case that patrolling duty was at the spot at the relevant time - Material discrepancies in testimony of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37(1)(b) -- Bail - Offence u/s 22 of NDPS Act - Recovery of 51 strips of tramadol hydrochloride parvori, spas - Recovery of contraband made from co-accused - Whether petitioner was in conscious possession of contraband recovered from co-accused and the fact that he..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 10,000 tablets of tramadol hydrochloride - Debatable question arises in the case as to whether petitioner was picked from his shop in the morning or as to whether he was arrested later in the day from a different place while in possession of..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 6, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Parole - Offence u/s 22 NDPS Act - Petitioner involved in other three cases under NDPS Act - Likelihood of his involvement in similar offence while on parole is not be taken as active and real apprehension of threat to security of..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 6, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Parole - Offence u/s 22 NDPS Act - Expression `sufficient cause' - Petitioner claims parole on two grounds:- (i) to take care of aged parents; (ii) house needs repair - Claims verified by Municipal Councilor - Reasons given by..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17 -- Bail - Offence u/s 17 of NDPS Act - Recovery of 500 grams opium from possession of petitioner and 1 kg of opium from car - Recovery of contraband is less than commercial quantity - Even, S.37 of the Act is not applicable - Keeping in view nature of accusation,..........
