Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - No recovery has been effected from conscious possession of accused - Presumption u/s 54 of NDPS Act cannot be drawn - Accused does not have any pending case against him - Trial of case is not likely to be concluded at an early date - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18, Criminal Procedure Code, 1973, Section 427, 31 -- Contraband - Concurrent running of sentences - Two sentences passed against accused arising out of single transaction - Where an accused is convicted and sentenced for several offences at one trial, Court may direct that sentences shall run..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Applicability of S.42 of the Act - Search, seizure and arrest of accused was affected not by entering into any building conveyance or place but in a public place - S.43 of the Act is governing the power of seizure and arrest in public place - S.42 of the Act thus, not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1101 gms brown sugar - Bail - Petitioners were not forwarded to Court of Special Judge within 24 hours excluding the time taken for journey to Court - Time of medical examination is also found to be beyond 24 hours - What was the reason for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 23(c), 25 -- Recovery of 511 kgs Ganja - Search and seizure - Samples were drawn in malkhana after a month of seizure and were sent to FSL after 18 days - No explanation given for such delayed sampling or dispatch of samples to laboratory for confirmation whether seized articles were narcotics or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 23(c), 25 -- Recovery of 511 kgs Ganja - Search and seizure - Recovery not found to be admissible - Case against accused collapses - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2 kg 600 gms opium along with 1 Kg Poppy husk - Recovered quantity of opium is only marginally higher than non-commercial quantity - Investigation of case already stands concluded with filing of challan - Accused is behind the bars for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 439 -- Contraband - Second bail application - Accused has remained in custody for a period of four years and three months - Only 5 out of 15 PWs have been examined - Conclusion of trial is to take time - Second bail application allowed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Recovery of narcotic drugs from a bag carried by accused - Body of accused also searched - S.50 of the Act is attracted - Non compliance of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 190 grms brown sugar - Search and seizure - Contradiction in the statement of PWs as to recovery from accused `A' - Recovery from `A' does not inspire confidence - Moreover conviction is vitiated on ground of non compliance of S.50 of the Act - Accused `A' acquitted...........
