Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, 42, 50, Criminal Procedure Code, 1973, Section 100 -- Contraband - Recovery of huge quantity - At time of search accused not apprised of his right of being searched before Gazetted officer or Magistrate - Information received by seizing officer not recorded before conducting raid - Even after raid was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 15 -- Poppy husk - Secret information received - Recovery of 30 kgs. from two bags hanging on back side of a mare - Search not conducted in the presence of a Gazetted Officer or a magistrate nor an offer was made to the accused as to whether he would like to be searched in the presence of a Gazetted Officer..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4) -- Personal search of a lady - Not conducted by female Police Officer - Contravenes provision of S.50(4) of the Act - Acquittal upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20, 42(2), 50 -- Search of house on secret information - Recovery of contraband - Three ladies sitting on the bed beneath whereto the contraband was recovered - That by itself does not establish that all of them were in conscious possession of the contraband - They were not even asked any question in regard..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Word `nearest' in S.50 is relevant - The search has to be conducted at the earliest - Once the person to be searched opts to be searched in the presence of such senior officer, it is for the police officer who is to conduct the search to conduct it in the presence of whoever is the most..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of charas from polythene bag in hand - S.50 of the Act is not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Search conducted at 2.25 P.M. - Notice given at 2.40 P.M. - Mandatory provision of law flouted - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - As soon as accused was apprehended IO suspected that accused was carrying some contraband - IO admitted that no offer was given to accused regarding personal search from Gazetted Officer or a Magistrate - Non compliance of mandatory provision - Vitiates conviction and sentence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 50, 54 -- Conscious possession - Recovery of 20 bags of poppy husk from a tractor trolly - One accused driving and another sitting on mudguard - It was within special means of knowledge of accused as to how 20 bags of poppy husk were found in tractor trolley and to which destination they were travelling -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Compliance of the provision of S.50 of the Act - Option given by IO to accused to be searched either by himself or in presence of a Magistrate or a Gazetted Officer - No evidence adduced to show that accused was communicated of his right either to be searched in presence of a Magistrate or a Gazetted..........
