Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 37 -- Bail - Recovery of 290 gm smack - Accused has not been produced before Magistrate or Gazetted officer - None of police officer of raiding party who recovered alleged contraband from him were Gazetted Officer - They were not empowered to make search of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20, 21 -- Recovery of smack and poppy straw - Reduction of sentence - Accused sentenced to 5 years R.I with fine of Rs.25,000 and in default of payment of fine, to undergo imprisonment for three months - No accused person is incapable of being reformed and therefore, all measures should be applied to give..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4) -- Recovery of 10 gms smack - Personal search of female accused - Lady constable conducted personal search of accused - However, said witness was never examined in Court, as she was given up by public prosecutor - Accused was thus, denied valuable right to cross-examine such witness - Prosecution failed to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 10 gms smack - Search and seizure - Mentioning of complete details of FIR before ruqa was sent to police station, raises suspicion about recovery - Case of prosecution is thus, doubtful - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 10 gms smack - False implication - Call details of accused is discarded by prosecution, which was proved by defence witness which shows that accused prior to her arrest had received phone calls from police officials which primarily shows that she was sought to be interrogated in a false..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 6 gms smack - Reduction of sentence - Accused has undergone a period of 33 days incarceration out of total 6 months R.I and also suffered agony and trauma of protracted trial - Recovery in question is accused's first offence - Sentence of accused thus, reduced to period already undergone by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of smack - Search option that accused can be searched by I.O. in presence of gazetted officer or Magistrate - It amounts to giving third choice to accused - Accused is required to be given only two choices to be searched either before a gazetted officer or a Magistrate - There is no provision for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Recovery of smack - Non-joining of independent witness - Independent witnesses available but not joined - It is imperative for police official to associate independent witnesses since they were readily available - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 500 gms Smack - Non-compliance of S.50 of the Act - Recovery effected from bag/wallet held by accused in his right hand - Provision of S.50 of the Act not attracted in the case - However, compliance of S.50 of the Act is made as option for being searched was extended to accused for making his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(1)(C) -- Recovery of 500 gms smack - Sampling process - Safe conveyance of sample being sent for examination to FSL in intact and safe position doubtful - Neither constable who conveyed sample to FSL was produced by prosecution before trial Court nor permission obtained in this regard from Circle Officer..........
