Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, Evidence Act, 1872, Section 27 -- Confessional statement of accused - Not admissible in evidence against a co-accused - However, confessional statement made by an accused in custody of police which leads to discovery of a fact is admissible in evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, 37 -- Recovery of 32 kg 960 gms charas - Order of framing of charge - Accused implicated on basis of confessional statement of a co-accused which is not admissible in evidence - He is owner of truck - Statement of co-accused to the extent it relates to recovery of charas that had been concealed inside..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 32 kg 960 gms charas - Bail - Order of framing charge against accused is upheld - It is thus, presumed that accused has been prima facie found to be involved in the conspiracy relating to possession of commercial quantity of contraband -..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Contraband - Charge sheet filed without FSL report within time period as per law - Non-filing of FSL report with charge sheet does not fall within the realms of S.173(2) of Cr.P.C. - Moreso, amount of quantity recovered from accused is of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 21C, 23, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3 kg 546 gms heroin - Bail - Chance recovery - Recovery effected from the car and a weapon was also recovered from Border area at the instance of accused - Allegations against accused are serious - Accused is involved in four more cases..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Contraband - Non-compliance of S.57 of the Act does not vitiate entire case of prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, Arms Act, 1959, Section 3, 25 -- Recovery of 10 kg opium and firearms - Seals affixed upon contraband so seized by police authorities were intact when sent for FSL - Provisions of Ss.42, 50 of the Act are not attracted in the case - No cause is made out for interference in impugned judgment of conviction..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 27A, 36A(4), 37 -- Default bail - Recovery of contraband - Delay in sending samples to FSL and delay in receipt of FSL report - In FSLs concerned, where despite sufficient manpower being available yet for delayed examinations of the stuff inside sample cloth parcels, as become transmitted thereto,..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15C, 29 -- Bail - Recovery of 125 kg poppy husk - Accused is in custody for last 9 months and 19 days and he is not involved in any other case - Custodial interrogation of accused is not required and conclusion of trial will take some time - Accused thus, directed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A -- Recovery of smack - Remand order - Accused was in possession of smack which he wanted to sell to co-accused - It is not near to word financing as used in S.27-A of the Act - At the time of remand of accused, objection was raised on his behalf that there are not sufficient grounds to remand accused u/s..........
