Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 12 grms smack - Non-compliance of provision of S.50 of the Act - Deputy Superintendent of Police offered himself for conducting search - Prosecution has completely failed to comply with mandatory provisions of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 12 grms smack - No material available on record to meet out all steps as enacted in the Act - Accused acquitted as State failed to lead evidence to meet out the legal provision of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, 60 -- Confiscation - Vehicle piloting or accompanying another vehicle transporting Narcotic Drug and Psychotropic Substances cannot be held as vehicle used as conveyance in carrying contraband and said vehicle cannot be subject matter of confiscation u/s 52-A of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36 -- Bail - Seeking extension of period of detention - Application of mind of the public prosecutor - Power of the Court to extend the period of detention under proviso to section 36A(4) of the Act is based on the report of a Public Prosecutor - However, lapse resulting in delay in completion of investigation..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36 -- Bail - Seeking extension of period of detention - Application of mind of the public prosecutor - Power of the Court to extend the period of detention under proviso to section 36A(4) of the Act is based on the report of a Public Prosecutor - However, lapse resulting in delay in completion of investigation..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 557 injections of Avil (10 ml each), 198 injections of Burenorphine (Leegesic) (2 ml each), 76 injections of Buprenorphine (BI Norphine) (2 ml each) and 20 injections of Pentazocine Lactate (Pencab-P) (1 ml each) - No recovery effected..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1 kg 555 grms charas - Petitioner is in custody since 30.3.2021 - Trial is not likely to be concluded in near future - There is nothing on record to suggest that delay in trial is attributable to accused - Bail granted to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Non-compliance of provision of S.42 of the Act - While total non-compliance of S.42 of the Act is impermissible in law, delayed compliance with satisfactory explanation about delay is acceptable compliance of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Non-compliance of provision of S.42 of the Act - While total non-compliance of S.42 of the Act is impermissible in law, delayed compliance with satisfactory explanation about delay is acceptable compliance of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Secret information - Non-compliance of provision of S.42 of the Act - First informant had sufficient time to take action and to send a copy of information to the officer superior and inspite of the same, he did not adhere to mandatory provisions of law - There is thus, complete non-compliance..........
