Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4), 42 -- Female offender - Search - Should be by a female officer who acts in accordance with instructions of the empowered officer albeit he is a male...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1), 50 -- Search and seizure in between sunset and sunrise - If empowered officer has reason to believe that a search warrant or authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may enter and search such building,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15 -- Poppy husk - Recovery of - Bail allowed to accused on plea of accused that case was engineered falsely by police...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 50 -- Poppy husk - Recovery of 30 Kg. - Bail - Recovery effected in presence of Naib Tehsildar who was not a Magistrate - Bail allowed without commenting on merits of the case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Search and seizure - Police officers of and above the rank of Sub Inspector to exercise power u/s 42 of the Act - Notification is valid - Need not be placed before the Legislature and formalities for making rules u/s 78 need not be complied with and such an officer need not be a station officer...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 55 -- Provision of S.55 is directory and not mandatory - Searching Officer has an option to deposit the seized articles in the local police station - Empowering all officers of the Police Department of and above the rank of Sub Inspector and all officers in the Excise Department of and above the bank of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search of suitcase - Cannot be treated as search of the person - S.50 not applicable - Provision is applicable only when there is search of a person...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 64 -- Co-accused - Grant of pardon - Central Govt. can grant immunity to a co-accused from prosecution of offences under NDPS Act by exercising power u/s 64 of the Act after the Sessions Judge has rejected an application u/s 307 Cr.P.C.by he said co-accused for grant of pardon - Executive can exercise the power..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence under NDPS Act - Accused opted to be searched before Magistrate - However, accused searched in presence of Naib Tehsildar who is not a Magistrate - Recovery was effected on receipt of secret information but information was not reduced to writing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Mandate of provision - If in following the mandate strictly, there will be delay in trapping an accused, which may lead the accused to escape, then prosecution case should not be thrown out...........
