Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23 -- Recovery of contraband - Appellant found in possession of manufactured drug and also importing same to India - Held, he is liable to be punished both u/ss 21 & 23 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23 -- Recovery of contraband - Conviction - Reduction in sentence - Seizure of 8 kgs of heroin - Appellant `A', member of disciplined force, deputed to guard border of country involved in facilitating smuggling of heroin - Appellant `A.S.' helped in smuggling of heroin only for money and this was not his..........
Evidence Act, 1872, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23, 67 -- Recovery of contraband - Confession - Proof - Contention that independent witnesses associated at time of recording of confessional statement were not examined - Held, recording of confessional statement is by an empowered officer, therefore, such statement can be..........
Evidence Act, 1872, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 67 -- Recovery of contraband - Confessional statement - Perusal of confessional statement shows that appellant gave graphic detail of manner of operation regarding importation/transportation of drug - Such statement stands corroborated by confessional statement of co-accused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42(a) -- Contraband - Accused acquitted on the grounds : (i) No explanation for delay of 12 days in sending sample for chemical examination; (ii) Seal after use was not handed over to independent witness; (iii) Secret information was not reduced into writing and copies of same were not sent to higher..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 53, 67 -- Scope of Act - NDPS Act is a complete code relating to Narcotic Substances and dealing with offences and procedure to be followed for detection of offences as well as for prosecution and punishment of accused - Provisions are penal provisions which can deprive a person of his liberty for a minimum..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 53 -- Investigating officer under NDPS Act - Whether qualify as police officer or not? - Held, matter referred to a larger Bench for re-consideration of issue - Other related issue viz. whether statement recorded by investigating officer u/s.67 of the Act can be treated as confessional statement or not even..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 29 -- Suspension of sentence - Against sentence of 10 years awarded to appellant he has already undergone more than 9 years of sentence - Held, fit case to suspend further sentence till disposal of appeal by larger Bench - Appellant released on bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 9A, 25A, 29 -- Sample - Retesting/re-sampling - In extremely exceptional circumstances and for reasons to be recorded in writing by Court, it can be allowed - Application in such rare cases must be made within a period of 15 days of receipt of test report and thereafter no application be entertained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42, 55 -- Poppy husk - Recovery of 5 bags weighing 35 kg. each - Accused acquitted on the grounds : (i) secret information received neither reduced into writing nor a copy of the same was sent to superior officer; (ii) Delay of nine days in sending sample for chemical examination; (iii) Independent witness..........
