Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of contraband - Conviction - Sentence - Recovery of huge quantity of heroin from residence of accused - Accused, an old man, suffering from several ailments - Held, sentence of accused modified from 13 years to 10 years...........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Speedy trial of cases under NDPS Act - Directions and guidelines issued - (i) Each state, in consultation with the High Court, particularly the states of Uttar Pradesh, West Bengal and Jammu & Kashmir (where the pendency of cases over five years is stated to be high), is directed to establish Special Courts which..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Speedy trial of cases under NDPS Act - Directions and guidelines issued - (1) All States to establish Special Courts to deal exclusively with offences under NDPS Act; (2) Adjournments not to be granted at the request of a party except where circumstances are beyond the control of the party; (3) Adjournment without..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Provision is mandatory - Accused must be made aware of the existence of his right to be searched before a Gazetted officer or a Magistrate - Option given to accused of search before Magistrate or any Gazetted Officer - The fact that accused has a right to be searched before a Gazetted Officer or a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search of scooter - Provision of S.50 of the Act is not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Accused convicted and sentenced to 10 years RI - Sentence cannot be reduced as the provision does not permit to award a punishment less than minimum sentence prescribed which is ten years...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50 -- Provisions of Ss.42 or 50 of the Act are the provisions which require exact and definite compliance as opposed to the principle of substantial compliance...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 57 -- Opium - Recovery on secret information - Secret information not reduced into writing and copy of same not sent to higher officer and no reason given for not doing so - There was total non compliance of statutory provision of S.42 of the Act - Held, prosecution must fail on total non compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 50 -- Opium - Gazetted Officer reached in official jeep and recovery made in his presence - Log book of jeep showed that the said Gazetted Officer did not use the jeep on that day - Recovery is doubtful when no independent witness was joined - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Non compliance with mandatory provision of S.42 of the Act - No evidence as to what prevented the I.O. from complying with the provision of S.42 of the Act - Accused acquitted...........
