Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167 -- Non-filing of charge sheet within 90 days - Extension of time - No strict compliance with provision of S.36A(4) of NDPS ACT - Extension of time for filing final report u/s 173 Cr.P.C could be given by court on report of public prosecutor indicating the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167 -- Bail - Non-filing of charge sheet within 90 days - Application by I.O for extension of time for filing final report u/s 173 Cr.P.C was without any report of public prosecutor - Held, right to be released on bail has accrued in favour of petitioner for no,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of poppy husk - Search and seizure - Recovery of 30 bags of poppy husk each containing 40 kgs from truck of appellants - Requirement of S.50 of Act is necessary only when recovery is made on search of person of accused and not on search of bags or vehicle in which contraband is being carried -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of poppy husk - Search and seizure - Appellants were produced before Magistrate and order was passed by Magistrate granting remand of appellants - PW2 obtained necessary orders from Magistrate on same day by producing case property before Magistrate - Seals were found intact - There is substantial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52 -- Recovery of poppy husk - Search and seizure - PW2 produced truck and case property and also appellants before Magistrate - Case property was deposited with seals intact - However, Magistrate has not affixed his own seal on gunny bags containing poppy straw but saw the case property - Provision of S.52 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of poppy husk - Search and seizure - Information was sent to DSP by wireless message to reach the spot and supervise the whole proceedings - Intimation in writing was also sent from spot on the basis of which FIR was registered - Even after registration of FIR necessary intimation was sent to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Search and seizure - Prosecution was successful in proving recovery of 30 bags each containing 40 kgs of Poppy straw - Evidence with regard to accused `C' cannot be held as free from suspicion as it is difficult to believe that despite seven police officers he ran away - No efforts..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 700 tablets of Phenotil which has Diphenoxylate hydrochloride as an active ingredient - Non-commercial quantity - As per FSL report each tablet weighed 74 milligrams and thus total weight of 700 tablets was 50.8 grams, which was marginally more..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of poppy husk - Secret information - Raiding party constituted by associating independent witness - Recovery effected from boot of the car and not from the person of accused - Held, in the peculiar facts of the case, provision of S.50 of the Act is required to be complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy Husk - Conscious possession - In the charge framed word `conscious' missing - Word `Conscious' also missing in statement of accused u/s 313 Cr.P.C. - Prosecution is duty bound to prove not only possession but also that accused were in `conscious possession' - Such omission amounts to prejudice to..........
