Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 21, 25, 29, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Main accused already granted bail from whom contraband along with two pistols with drug money of Rs.2.08 lacs was recovered - There is no recovery of any contraband from petitioner - Court thus, left..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 45 grams intoxicant powder - Court decided the case only on one argument - It is expected that Court holding trial should deal with all the contentions/submissions of counsel for the parties and thereafter deliver its judgment - Accused has a right to defend his case - Judgment passed by Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 57 -- Recovery of 45 grams intoxicant powder - Investigation of case conducted by ASI who was in fact Head Constable holding a ORP rank - IO was not competent to carry investigation - Recovery by police party headed by Head Constable is not proper...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 45 grams intoxicant powder - Non-compliance of provision of S.50 of the Act - I.O given third option to accused to get his search from him or a Gazetted Officer or a Magistrate - There was thus, violation of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 45 grams intoxicant powder - Non-joining of independent witness - No effort was made by I.O or any other police officer to join any independent witness - I.O did not verify from accused as to from where he had procured intoxicant powder - There is no entry in register regarding sending sample..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, 29, 27(B)(ii), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of tablets, capsules and cough syrups containing narcotic substance - Recovery effected from possession of co-accused - Police during investigation recovered two slips/receipts one of them was written by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 29, 21, 23(c), 27(A), 67 -- Recovery of 7.4 kg heroin - Confession of co-accused - Allegation against accused is that after taking delivery of contraband from one person, co-accused was to take heroin and hand it over to one `N' - Said `N' was to further hand over heroin to accused - However, said persons..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 29, 21, 23(c), 27(A), 67 -- Recovery of 7.4 kg heroin - Confession by accused - No material placed on record that confession is voluntary made, free from any pressure and also accused was apprised of his rights before recording confession - Confession held, not reliable - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of charas - Secrete information - Non-compliance of mandatory provision of S.42 of the Act - Neither secret informant was reduced into writing nor same was sent to higher authorities or concerned Police officer by I.O - Strict compliance of mandatory prevision of S.42 of the Act not made - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of charas - Third option - Non-compliance of mandatory provision of S.50 of the Act - I.O included himself as choices in addition to a Gazetted Officer or Magistrate by asking accused if he wanted to get searched from him or from any Gazetted Officer or Magistrate - Giving of third option to..........
