Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Manufactured drug - Recovery of bulk quantity in respect of which there is a contravention or is recovered from an unauthorized person would be indicative of fact that it was not being used for medicinal or therapeutic purposes but as a drug to sedate or for intoxication or to give a sharp stimulating..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Seizure of Drugs - Bail - Presiding officer of a Special Court dealing with NDPS cases wherever the need is felt and where matter is being unnecessarily delayed may grant interim bail till the receipt of FSL report and thereafter consider the case after receipt of the report...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Manufactured Drugs - Search & seizure - Fair procedure - It is always desirable to prepare seizure mahazar at the spot itself from where contraband articles were taken into custody - Violation of procedural provision does not automatically vitiate investigation unless it is shown to have occasioned a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23, Evidence Act, 1872, Section 24 -- Recovery of ganja - Conviction - Validity - Appellant admitted driving van in which ganja was found hidden in false chamber - However, he pleaded ignorance about false chamber and ganja being carried in van - He did not admit to all facts which constituted offence nor..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Total non compliance of mandatory provision of S.42 of the Act - Renders arrest and recovery of contraband doubtful...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of Charas - Search and seizure - Non-production of Malkhana register before Court creates doubt whether contraband article produced before Court was same which was in custody of police officer or not which proves fatal to prosecution case and vitiates recovery of contraband from accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Recovery of 29 packets of charas - Sample not taken from all the 29 packets - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Recovery of 29 packets of charas from bag - Actual weight of contraband article not taken by Police officer and only on the basis of statement of accused it was believed to be 25 kgs which creates doubt as to whether contraband was same which was recovered from possession of accused - Conviction cannot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Recovery of 29 packets of charas - Sample seal not sent alongwith sample to chemical analyst - No evidence to prove satisfactorily that seal found on sample was in fact the same seal as was put on the sample immediately after seizure of contraband - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41(2) -- Search and seizure - Authorized officer - Inspector in his deposition mentioned about submitting requisite information in writing to S.P. BAPS who issued authorization letter to him to carry out search - But he failed to mention whether S.P. BAPS was authorized officer in terms of S.41(2) of Act -..........
