Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 4 bags of poppy husk - Search & seizure - Non-compliance of S.57 of Act - DSP being Senior Officer was already present at the spot for imparting necessary instructions for checking of vehicles but he did not send special reports with regard to case as prescribed u/s 57 of Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985 - - Recovery of 4 bags of poppy husk - Search & seizure - Grounds of arrest was not disclosed to accused - Only official witnesses was examined, no independent witness was examined - Prosecution also did not lead evidence whether Chemical Analyzer received the sample with proper intact seals - In the facts of case and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 4 bags of poppy husk - Accused contended that affidavits of formal witnesses to complete the link evidence were not bearing the seal of Court before whom the affidavit was sworn - Held, such affidavit is no affidavit in eyes of law...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36, Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - A special court constituted u/s 36 NDPS Act, is competent to entertain pre-arrest bail petition u/s 438 Cr.P.C - However, such jurisdiction of designated judge to exercise power u/s 438 Cr.P.C relating to offence under NDPS Act is exclusive..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- A special court constituted under NDPS Act is not always a Court of first production...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 1 kg. - Sample was less in weight by 17 grams when it reached CFSL - No explanation by prosecution - This shortage assumes significance, particularly when there was 8 days delay in sending sample to CFSL and when sample seals remained with official witnesses - Possibility of tampering..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of opium - Search & seizure - Documents clearly reveal that no offer was given by investigating officer to accused to get him searched either in the presence of a Magistrate or a gazetted officer - Requirement of S.50 of the Act, not complied with - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 54, 18 -- Recovery of opium weighing 12.500 kg - Search and seizure - Accused in his statement u/s 313 Cr.P.C did not offer any explanation at all for opium being found in his truck - No tampering with sample before it was analyzed in CRCL - Substance analyzed in laboratory was same which PW5 seized from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Non examination of independent witnesses - Independent witnesses not residing at the given address - Either the witnesses gave wrong address or they shifted from the place where they were earlier residing without intimating the new address - Prosecution cannot be held responsible for not examining them..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of opium - Confession - Seizure of drug from truck being driven by accused finds corroboration from his statement u/s 67 of Act - Statement duly proved by PW5 who recorded the same - Said confessional statement made voluntarily can be safely used for convicting accused...........
