Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 35 -- Appeal against conviction - Recovery of 95 kg and 450 gms ganja from rickshaw van - Conscious possession - There is no dispute that accused was carrying contraband in rickshaw van driven and occupied by them, therefore, these circumstances lead to conclusion that accused were in conscious..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Search and seizure - Recovery of 95 kg and 450 gms ganja from rickshaw van - None of the appellants searched in person - Plea of no, compliance of S.42 of the Act is not tenable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 167(2), 439, 173(5) -- Bail - In the instant case, charges framed against accused without having chemical examiner`s report - In absence of such report under NDPS Act, it cannot be said as to whether substance recovered from accused was narcotic or not - Moreover, in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 482 -- Recovery of 5 kgs opium - Framing of charge by trial Court - Quashing of FIR - FIR clearly discloses commission of cognizable offence raising triable issues against petitioners - Prima facie case against petitioners made out u/s 18 of the Act - Trial Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 21(b), 2(xi) -- Recovery of 32 bottles of Cosome LCD syrup and 38 bottles of Codex syrup - Manufactured drug - Syrup Codex and Cosome contained codeine Phosphate in proportion of 10 mgs per 5 mls, with concentration of less than 2.5% in undivided preparations, which is permissible in view of Entry No.35 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of seven bags of poppy husk - Where prosecution proved process of recovery by official witnesses, merely because independent witness though joined but given up as having been won over by accused, would not be fatal to prosecution case - Conviction upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of seven bags of poppy husk - Accused contented that though poppy husk was recovered from possession of accused but there is no evidence that any amount of contents of bags of poppy husk were used by accused - Contention rejected as it is not the requirement of law for recording a conviction u/s..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of seven bags of poppy husk - Commercial quantity - Plea of false recovery - Recovery effected from possession of accused - Samples were duly taken and sent to FSL - Seals on samples were intact - Provision of S.52A of NDPS Act duly compiled with - No evidence on record to show that I.O and DSP..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of seven bags of poppy husk - Non-mention of percentage of contraband in the samples sent for FSL - Since the contents of sample itself were reported as that of poppy heads therefore, question of its percentage was not there...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of seven bags of poppy husk - Reduction of sentence - Keeping in view the fact that accused is a poor person and a first offender and he also has to support his family, his sentence reduced from 12 years to 10 years - However, amount of fine of Rs.1 lac is maintained with default sentence of 2..........
