Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50, 57 -- Statutory provisions - Total and definite non compliance - Question of prejudice loses its significance as it per se amounts to prejudice...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 4.5 kgs Charas - Secret information - Non-compliance of provision of S.42 of Act - I.O admitted that secret information was not reduced into writing and no information was sent to any superior officer - There is no, compliance of mandatory provision of S.42 of Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 4.5 kgs Charas - Since I.O did not produce accused and case property before officer in charge in terms of S.55 of Act, there is no, compliance of provision of S.55 of Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 4.5 kgs Charas - Report u/s 57 of Act was prepared but it was not sent to superior officer - Even no such report has been proved on file which shows that there is no, compliance of S.57 of Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 4.5 kgs Charas - Independent witness not joined - DWs 1 & 2 stated that accused was arrested from his work place but nothing was recovered from him - I.O directly deposited case property with malkhana without bringing it to notice of i, charge of police station - Contradictions and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3), Criminal Procedure Code, 1973, Section 451 -- Confiscation of vehicle used in carrying contraband - Release of - Owner of vehicle not named as co-accused - It would not be in interest of justice to deny him release of vehicle on sapurdari - Vehicle released on sapurdari...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 28, 29 -- Recovery of 3 kgs opium - Bail - Co-accused of petitioners already granted bail - Admissibility of confessional statements suffered by petitioners and disclosure statements implicating petitioners by co-accused would be moot point during trial - Petitioners neither required nor involved in any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1.100 kg charas - Compliance of S.50 of the Act is mandatory when personal search of accused is carried out - Instantly, PW11 has not apprised accused of his legal right to be search before a gazette officer or a Magistrate, though personal search of accused had conducted - There is no,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- S.42 of the Act is mandatory and its breach vitiates the entire proceedings initiated against accused - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1.100 kg charas - Major contradictions in the statements of PWs regarding search and seizure of contraband - Mandatory provision of Act not complied with - Accused acquitted...........
