Criminal Procedure Code, 1973, Section 389(1), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 27A, 29 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 650 gms heroin - Commercial quantity recovered from accused - Accused had undergone nearly 7 years of imprisonment - Application rightly rejected - However, High..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 11 kg ganja - Reduction of sentence - Accused committed crime in the year 1997 i.e much before NDPS Amendment Act, 2001 came into force - Case of accused thus, regulated by unamended S.20 of the Act wherein though maximum sentence of 5 years R.I and a fine of upto Rs.50,000 was prescribed but..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Bail - Recovery of 40 kg poppy husk - Recovery effected was below commercial quantity - Without expressing any opinion on merits of case, bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 1 kg Ganja - Independent witnesses not supported prosecution case and turned hostile, but they admitted their signatures on relevant documents - Official witnesses however, have unequivocally stated about search and seizure of contraband from possession of accused - Defence has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 1 kg Ganja - Non-compliance of provision of S.42 of the Act - Secret information received by PW9 and same was forwarded to superior authority on the same day - There is thus, substantial compliance of provision of S.42 of the Act - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, 20(b)(ii)(C), 25, 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Offence u/ss 20(b)(ii)(c), 25, 27-A & 29 of NDPS Act - Bail - Extension of period of investigation - Must be after complying principle of natural justice and after providing fair opportunity to accused to have his say and oppose the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 650 tablets of Tramadol - Bail - Recovery effected from conscious possession of accused is marginally higher than commercial - Challan has been presented - Conclusion of trial will take time - Investigation is complete and no recovery is to be made -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 920 tablets of Tramadol, Dicyclomine & chlorpheniramine Malete Capsules - Accused is named as an accused in the case solely on basis of disclosure statements of co-accused - He is in custody since Sep 2020 - No other case of similar nature is..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27, 37 -- Bail - Contraband - Accused charged with offences u/ss 21, 21(c), 27(a) 27(b) and 29 of the Act - However, prima facie offence is made only be u/s 27 of NDPS Act, being the offence of consuming drugs at parties for which maximum sentence for consumption of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17C -- Recovery of 5 kg opium - Search and seizure - Customs officials neither seized contraband nor took any sample to the place of recovery - Rather sample was drawn by PW5 at office of custom office - Admittedly, no seizure was made at the place of recovery, which vitiates prosecution case...........
