Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Charas - Recovery of 2 kg. - Recovery from bag carried by accused in his hand - S.50 of the Act is not applicable as recovery is not from personal search of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Charas - Recovery of 2 kg. - IO complied with compliance of S.55 of the Act - However, S.55 of the Act is only directory and even non compliance of it cannot be said to cause any prejudice to the accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 2 kg. - Accused convicted and sentenced to 12 years RI and to pay fine of Rs.1.50 lakhs - Accused in jail for 9 years - Sentence reduced to 10 years and fine reduced to Rs.1 lakh keeping in view the age, antecedents of appellant and quantity of contraband...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Contraband - Chemical examiner only found that exhibits belonged to poppy plant and morphine was detected in them - Report of chemical examiner is silent as to conducting of test to determine the species of plant or percentage of morphine - Merely stating that morphine was found in the seized contraband..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Bail - Recovery of 40 injections from medical store - One strip containing 5 injections of Buprenorphine sent to Chemical Examiner - Question whether injections/medicine recovered from petitioner falls within provisions of NDPS Act, stands referred to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Compliance of S.50 of the Act - Word `Magistrate' missing from the notice u/s 50 of the Act and thus caused prejudice to accused - Recovery vitiated - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 42, 50 -- Charas - Recovery of 200 gms. from `Thaila' carried by accused - Accused acquitted on the grounds : (i) Secret information was neither reduced into writing nor transmitted to senior officer; (ii) Investigation officer did not inform the accused regarding his right to be searched in the presence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of allopathic drugs - No licence is required under NDPS Act for storage of allopathic drugs containing narcotic drugs and psychotropic substances - State Govt. has not framed any rule in this regard - Held, petitioner entitled to be released on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 42 -- Contraband - Search & seizure - Non-compliance of S.42 - Nothing on record to show as to whether secret information received was taken down in writing - Witnesses, specially PW3, are also silent about its communication to his superior - However, taking into consideration the fact that his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 52A -- Contraband - Disposal of - Non-compliance of S.52A - Alleged contraband article not forwarded to nearest police station but same kept in Custom Office itself - No details relating to recovered articles and inventory was prepared - Held, prosecution failed to comply with mandatory..........
