Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 29, 68A, 68E, 68F, 68G, Criminal Procedure Code, 1973, Section 451, 482 -- Recovery of contraband - Forfeiture of property derived from or used in illicit traffic - Authority passing order under chapter V-A of NDPS Act - Court can refuse to release article in interim custody u/s 451 of Code - Power cannot..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Recovery of contraband - Forfeiture of property - Chapter V-A is independent chapter dealing with passing of order of forfeiture or freezing or seizure of property by conducting independent enquiry - It does not include enquiry conducted in connection with investigation of commission of offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 68F -- Search and Seizure - Forfeiture of property - Articles seized on basis of search - It does not amount to seizure or freezing of property u/s 68-F of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i) -- Recovery of 168 kgs of ganja - Appeal against acquittal - There was failure on the part of prosecution to establish factum of collection of samples - Even, prosecution failed in showing proper sealing of seized contraband - Moreover, prosecution failed to establish that contraband recovered from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b) -- Recovery of 70 grams of flowering materials of ganja plant, chillams and 43 modaks and 156 pipes from the betel shop of accused - No evidence on record to show as to where contraband items seized were kept till their production in the Court - Moreover, prosecution failed to establish that what was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Two views possible - Independent witness stated that poppy husk was not recovered in his presence from exclusive and conscious possession of accused and it was kept outside the restaurant when he reached at restaurant - On the contrary police officials stated that poppy husk was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of poppy straw - Search and seizure - Non-production of original seal in Court - Prosecution failed to produce original seal in Court in order to compare the original seal with sample seal of parcel - Non-production of original seal in Court is fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c) -- Recovery of 10.500 kg. charas - Recovery effected from conscious and exclusive possession of accused `M' - Although independent witnesses turned hostile but factum of having admitted their signatures on memos renders insignificant as well as inconsequential the effect of their turning hostile -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 4.250 kg charas - Chance recovery - S.42 of Act is not attracted as it was not necessary for police to make entry in record as it was a chance recovery...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 4.250 kg charas - Non joining of any independent witness - A shopkeeper was called from his house to bring scale and weights, he should have been associated as an independent witness at the time of recovery and seizure of contraband - Constable who had taken rukka to police station and got FIR..........
