Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Recovery of Charas in a belt bag which accused was having around his waist - Recovery is as a result of personal search - Provision of S.50 of the Act is applicable - Conviction is liable to be set aside when there is no compliance with the provision...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of contraband - Non-compliance with S.50 - Drug recovered from plastic bag carried by accused - Held, in such applicability and alleged no, compliance with S.50 not relevant - Conviction upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 8(c), 21 -- Recovery of contraband - Non-compliance with S.50 - Recovery of drug from the plastic bag of accused - Allegations that accused was not apprised of his right to be searched before a Magistrate or a gazetted Officer - Further plea, that Sub-Inspector misrepresented himself as gazetted officer, not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 50 -- Independent witness - Non joining - Recovery of opium - Non joining of independent witnesses is not fatal when it is chance recovery...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 50 -- Chance recovery - Police party on routine duty - Stopped a car and recovered 13.5 Kg. opium - Police had no prior secret information - Held, it as a chance recovery and non joining of independent witnesses is not fatal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- On search of bag 13.5 Kg. opium recovered - Provisions of S.50 not applicable as only bag was searched...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 18 -- Opium - Recovery from bag which accused carried under his armpit - It amounts to recovery from personal search - Requires compliance of S.50 - Conviction set aside for non compliance with provision of S.50...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 18 -- Opium - Recovery - Search - Accused given offer of search before gazetted officer only - No offer of search before Magistrate given - It is partial offer - Accused also not informed that he has a right to get himself searched in presence of a Magistrate or Gazetted Officer - Accused acquitted due to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Recovery - Search and seizure - Imperative requirement on part of officer intending to search to inform person to be searched of his right that if he so choses, he will be searched in presence of gazetted officer or Magistrate - Evidence did not disclose compliance of provision of S.50 of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 20 -- Compliance of S.50 not mentioned in Recovery memo and Ruqa sent by I.O. - Fact of compliance of S.50 stated by I.O. for the first time in Court - Not believed - Conviction set aside...........
