Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 3.200 kg charas - Non-joining of independent witnesses - Place where accused was intercepted surrounded with many hotels and shops and petrol pump also exists on the spot - It was neither a secluded nor an desolate place - However, no efforts were made by official witnesses for joining of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 175 kg poppy straw - Recovery effected from car which was lying in abandoned condition - Accused was implicated on basis of agreement of sale executed by original owner of car in favour of accused - However, there is no document..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Provision of S.42(2) of the Act is mandatory in nature - Non compliance of the provision vitiates the entire trial including conviction and sentence recorded by trial Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1), 42(2) -- Contraband - Information received - Recovery from a house and not a chance recovery - Non compliance of S.42(1) and 42(2) of the Act - Non compliance of S.42(1) and 42(2) of the Act, specifically S.42(2) of the Act vitiates the trial - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, 57 -- Recovery of 25 kg ganja - Articles seized and produced in Malkhana in a sealed cover - However, same were not produced before Magistrate - Violation of Ss.52-A and 57 of the Act - Ss.52-A & 57 of the Act are directory and not mandatory - Question for consideration is as to whether non compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 23(c), 25, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - 60 kgs ganja recovered from vehicle of accused - There is sufficient material on record to prima facie proceed against accused `D' and `B' as they are owner and driver of vehicle from where contraband is recovered -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 23(c), 25, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Recovery of 60 kgs ganja - Statement of co-accused against other co-accused is very weak piece of evidence and requires corroboration, therefore, only evidence available against accused `L' is statement of co-accused `B' -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of 8 quintals and 5 kgs poppy husk - Accused implicated repeatedly at the instance of one particular police official - Investigation complete and challan already presented - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Offence u/ss 21, 25 and 29 of NDPS Act - Petitioner involved in case on the basis of statement of co-accused - No recovery effected from him - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Punjab Police Rules, 1934, Rule 22.18, 27.18 -- Recovery of 7.5 kg poppy husk - Nothing on record which shows that Rules of 1934 were followed while producing case property in Court and on returning the same - Search and seizure held, doubtful - Accused acquitted...........
