Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Independent witnesses completely denied of their presence during search and seizure and that they only signed the documents at a different place and time on instruction of Excise officials - Reasonable doubt arises in prosecution case regarding search and seizure of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 30 kgs ganja - Non-compliance of S.50 of the Act - Mere taking LTI impression of accused on a re-printed format will not satisfy due compliance of S.50 of the Act - For said purpose it is duty of Detection Officer to take search of accused in an NDPS case before Executive Magistrate or Gazetted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Weighment of contraband - When place of seizure is public place and weighment chart is not produced nor brass seal, nor independent witness supports prosecution version, doubt on prosecution case regarding seizure of contraband of particular quantity becomes grave - It..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Informant is also I.O, who detected accused with contraband, conducted search and seized the same, lodged first information and also conducted entire investigation - It is not the case of prosecution that there was no other Officer available to conduct investigation nor..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 20.02 gms heroin - Quantity of drug involved is less than Commercial quantity but greater than small quantity - Rigors of S.37 of NDPS Act thus, not applicable - Petitioner is in judicial custody since 2019 - Investigation is almost..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 23(c), 28, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 221 gms methamphetamine (Psychotropic Substance) - Commercial quantity - Psychotropic Substance was found concealed in undergarment of petitioner - Petitioner was detained in airport - Sequence of events and a reasonable,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 150 kg Ganja - Accused was not arrested on the spot but he was named by driver of vehicle from where recovery was effected - Presence of accused at spot or false implication are disputed questions of fact - Co-accused who alleged to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 180 capsules containing Tramadol Hydrochloride - Petitioner is a old lady of 63 years of age - She is neither in a position to tamper with prosecution evidence nor in a position to flee from justice, as she is resident of place - Custody of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 21 -- Bail - Recovery of 1 kg 17 gm Charas - Commercial quantity - Recovery effected from accused which was carried in right hand in a bag - Contention that presence of accused at that point of time is highly improbable and unbelievable is wholly a factual issue and thus, is a matter to be considered..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 330 kg Ganja Patti - Conscious possession of contraband viz-a-viz title of land from where it was recovered would remain debatable - It would also be debatable as to whether recovery of Ganja would fall at par with Charas - Trial of case may..........
