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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Option of search before Magistrate or Gazetted Officer or Supdt. who was part of raiding party - Option of search before Supdt. - Held, Supdt. who was part of raiding party cannot be called an independent officer - Search vitiated - Acquittal by High Court, upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search - Applicability of S.50 - Held, if merely a bag carried by a person is searched without there being any search of his person then S.50 will have no application - But if bag carried by him is searched and his person is also searched then S.50 will have application...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search - Joint communication of right available u/s 50 of the Act to accused persons - Such a communication would frustrate very purport of S.50 - Communication of said right to person who is about to be searched is not an empty formality - Communication of this right has to be clear,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Contraband - Non-production of sample and articles recovered from accused - Court to draw an inference that recovery as claimed was not effected from accused - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of poppy husk - Weight 52 kg. including weight of bags - If weight of bags is taken as 1 kg. and same is excluded from the recovery then recovery will fall under non commercial quantity - Bail granted treating the recovery as non commercial...........
