Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25 -- Recovery of 6.600 kg poppy straw - Accused `K' being registered owner himself used vehicle for transportation of contraband - Charge u/ss 8, 25 of the Act ex-facie untenable against accused `K', as said offence is made out only if registered owner permitted his vehicle to be used by any other person for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15(c), 15(b) -- Nature of offence - Recovery of 6.600 kg. poppy straw - Seizure officer or I.O did not follow procedure of S.52-A of NDPS Act - Evidence of seizure officer cannot be accepted for the entire seized contraband i.e 18 quintals of poppy straw, as prosecution did not give any primary evidence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20, Criminal Procedure Code, 1973, Section 389 -- Bail during pendency of appeal - Recovery of 1 kg charas and 8 kg Ganja - Commercial quantity - Sudden arrest - Mandatory provisions of NDPS Act duly followed in the case - No lacunae found in the guilt of accused - Accused already completed half of his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 30 bags of poppy husk - Secret information - PW8, immediately on receipt of secret information sent V.T message to DSP and raid was conducted after DSP arrived at bus-stand - Recovery effected in presence of Gazetted Officer, which satisfies the provision of S.42 of the Act - Accused rightly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms brown sugar - Non-compliance of mandatory provision of S.50 of the Act - Seizure officer apprised accused that he had a right of being searched before nearest Magistrate, competent gazetted officer or by seizure officer SHO himself - Offering third option that accused can be searched by..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(C) -- Bail during pendency of appeal - Conviction under NDPS Act - Recovery of 1.850 Kgs diazepam/intoxicating powder - Commercial quantity - Nature of offence is extremely serious because drugs like diazepam are extremely injurious to public at large -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18 -- Recovery of 18.350 kgs poppy straw and 8.047 kgs opium milk - Recovery effected from room which opens in a different direction towards field of one person - Prosecution miserably failed to prove that accused was actually in conscious possession or was having dominion over room from where recovery..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Confession - Recovery of 43.400 kgs opium - Statement of a person recorded by officers of NCB or CBN after arrest of such person is inadmissible in evidence is hit by S.24 of Evidence Act as well as mandate of Art.20(3) of Constitution which prohibit admitting a confession made by an accused in custody..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 43.400 kgs opium - Recovery effected from bags tied with motorcycle which was abandoned by accused on seeing preventive team - However, members of preventive force and panchas could not identify riders of motorcycle on the fateful day - Accused was roped into case on the basis of information..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 7.090 kg charas - Recovery effected from suitcase of accused and not from his person - Provision of S.50 of the Act not attracted - Question of compliance of same does not arise...........
