Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 16 kgs 200 gms Ganja - Non-compliance of S.42 of the Act, would not vitiate the entire prosecution case, even though an order of remand is necessary after it is established that there has been non-compliance of S.42 of the Act - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(b) -- Recovery of 16 kgs 200 gms Ganja - Modification of sentence - Witnesses failed to corroborate each other - Evidence not sufficient to impose a punishment of higher degree - Sentence modified from 10 years to 7 years with fine of Rs.50,000 and in default to suffer R.I for 1 year more...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Commercial quantity - Charge sheet filed on 180th day after excluding day of remand and therefore would be within limitation as laid down u/s 36-A(4) of NDPS Act - Bail application rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of morphine 1 kg 10 gm - Accused was informed about his right under provision of S.50 of the Act, that he should get himself searched by a Gazetted Officer or a Magistrate, which was specifically waived off by accused and thereafter search was conducted by Station officer - Essential condition of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Bail - Recovery of morphine 1 kg 10 gm - Provision of S.50(1) of NDPS Act duly complied with - Sample was duly taken - Lack of independent witnesses would not vitiate recovery and arrest of accused - Merely because accused has no criminal history, would not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 5.45 gms heroin - Petitioners were habitual consumers of heroin for past about 4-5 months and not drug peddlers - Investigation of case is almost complete - No criminal antecedent of bail petitioners reflected in status report -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kgs 750 gms opium - If a person to be searched does not wish to be taken to nearest Gazetted Officer or Magistrate or waives his right, officer empowered may effect search and he is not under obligation to take him before nearest Gazetted Officer or Magistrate...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 18(b) -- Recovery of 2 kgs 750 gms opium - Independent witnesses not supported prosecution case - However, non-support of independent witnesses, who have admitted their signature on each and every document prepared on the spot and do not offer any plausible explanation, does not create any doubt towards..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 18(b) -- Recovery of 2 kgs 750 gms opium - Search and seizure - Correction in quantity of contraband recovered from accused in memorandum of taking out sample - There is no correction or interpolation in quantity of contraband recovered from possession of accused - Therefore, correction in memorandum of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 18(b) -- Recovery of 2 kgs 750 gms opium - Contention that crime no. mentioned in Articles sealed on the spot, creates a serious doubt that recovery proceedings were taken out on the spot - However, all three packets were produced and again sealed at police station - Evidence on record thus, shows that..........
