Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b) - - Conviction u/s 22(b) NDPS Act - Accused convicted and sentenced way back in April, 2017 and since then no appeal has been preferred due to financial constraints and same has been filed only in December, 2018 through legal aid counsel appointed by High Court Legal Services Authority - As accused has..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 - - Bail - Recovery of 600 capsules of parvorinspas and 2000 tablets of digifresh 0.6 and 1000 triesr tablets - As petitioner was a pillion rider on motorcycle so it is seriously debatable as to whether petitioner was having conscious possession of contraband which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 15 injections of Amin 10 ML and 15 injections of Bonorwin 2ML - Lady constable who conducted search was not examined by prosecution as a witness - Non-examination of lady constable creates doubt regarding her presence on the spot - Benefit of doubt thus, given to accused - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 15 injections of Amin 10 ML and 15 injections of Bonorwin 2ML - Delay of 7 days in sending sample to Chemical examiner - Sample should be sent to FSL for analysis within 72 hours of recovery - No justification for such delay - Delay is fatal to prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 15 injections of Amin 10 ML and 15 injections of Bonorwin 2ML - Non-compliance of S.50 of the Act - Recovery effected from carry bag of accused - Personal search of accused was also conducted - Accused is a lady, however, lady police present on the spot was not directed to conduct search of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Offence u/ss 22, 29 NDPS Act - Recovery of 5430 tablets of different description, 600 injections and 59 vials containing narcotic substance - Recovery has been effected from matrimonial house of the petitioner and her father-in-law is a licenced..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of intoxicant mixture - Search and seizure - Prosecution proved its case against accused beyond reasonable doubt - All the codal formalities were completed on the spot - Samples reached in the office of Chemical Examiner safe and sound - Statements made by official witnesses inspire confidence -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20, 29, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 6.2 kg charas - Claim on ground of parity - Recovery effected from co-accused - No recovery effected from petitioner - Co-accused already granted bail - Case of petitioner is on better footing than case of co-accused - Prima facie..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 300 vials of Rexcof from one bag and 100 vials of Rexcof from the second bag, one 1200 strips of Alprazolam each containing 10 tablets and 1200 tables of Carisoma - Non-compliance of S.50 of the Act - I.O. is required to give only two options to accused whether he wanted to get his personal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of intoxicant tablets - Non-compliance of S.50 of the Act - Consent memo shows that no written notice was given to accused and consent memo itself shows that an offer was given to accused to be searched either before a Gazetted Officer or before a Magistrate, upon which accused gave his consent to..........
