Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms charas - Recovery effected from physical possession of accused - However, no offer of search before Magistrate or a Gazetted Officer was given to accused - Mandatory provision of S.50 of the Act violated - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(b) -- Recovery of 250 gms charas - Non-production of material exhibit in Court - Nor one of sample which might have been retained by I.O. brought up - In order to substantiate sample was prepared at the spot having signature of accused, seizure-list witnesses as well as informant should have been..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 25 injections of bonogesic (buprenorphine) each containing 2 ml - Petitioner is in custody for over 1 year and 9 months and not involved in any other case - Conclusion of trial is likely to take some time - Bail..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Bail - Offence u/ss 21, 22 NDPS Act - Recovery of 110 grams of intoxicant powder containing prohibited substance alprozolam - As per the FSL report, total quantity of prohibited substance alprozolam found in the entire recovery is only 0.38% which is less..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 25 injections of buprenorphine - FSL report does not show presence of any prohibited substance as the result of chemical examination - Even, quantity of prohibited substance comes less than the small quantity..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 500 gms intoxicating powder (Tramadol) - Two reports of police - In one it is declaring petitioner as innocent and in other, declining plea of his defence version - It will be a matter before trial Court to see as to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Contraband - Call detail between petitioner and main accused at the time of recovery is very much available on record, which clearly shows involvement of petitioner - Prima facie there is sufficient evidence available on record against petitioner for framing charge against him - Order framing charge..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 21.8 gms buprenorphine - Petitioner is in custody for over a year - Petitioner not involved in any other case under NDPS Act - Conclusion of trial is likely to take some time - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17 -- Bail - Recovery of 5 kg 10 gms Opium - Recovery effected from Truck - Accused `L' neither owner of truck nor police has collected any evidence to connect him with the recovery of contraband - Question as to whether he was working as conductor over truck and was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25 -- Recovery of 361.300 kgs poppy straw - Offending vehicle from which contraband was recovered was being driven by accused/registered owner himself - Nothing is available to show that accused allowed third person to use his vehicle for commission of offence under the Act - Accused held, not responsible for..........
