Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - No question whatsoever was put by defence counsel to PW-7 as regards NDPS Act - Moreover, apart from a mere bald assertion that there has been a contravention of mandate of S.52-A of the Act, nothing cogent has been pointed out by appellant that would..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of provision of S.52-A of the Act - No evidence is on record to the effect that procedure prescribed u/s 52-A(2), (3) and (4) of the Act was followed while making the seizure and drawing sample such as preparing the inventory and getting it certified by Magistrate - No evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Inventory of seized contraband article was not prepared prior to forwarding the sample of contraband to FSL - Mere fact that the samples were drawn in the presence of a gazetted officer is not sufficient for compliance of the mandate of S.52-A(2) of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A, 8, 20, 23, 29, 68 -- Bail - Contraband - Packets recovered were not numbered serially for the purpose of identification, as provided in R.3(2) of NDPS Rules - Samples were not drawn in presence of a Magistrate, as provided in S.52-A of NDPS Act and R.9 of NDPS Rules - Authorities themselves have..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Narcotic Drugs and Psychotropic Substances (Seizure, storage, sampling and disposal) Rules, 2022, R.10 - Contraband - Drawing of samples - Contraband was seized separately by Detecting Officer from the bodies of A-1 and A-2 in two separate covers - He thereafter mixed the contraband without permission of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Non-compliance of provision of S.52-A of NDPS Act - Samples drawn in the presence of mediators, but not in the presence of Magistrate - There is thus, non-compliance of provision of S.52-A of NDPS Act - Moreover, accused is in judicial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of provision of S.52-A of the Act - Neither samples were drawn in the presence of Magistrate nor list of samples so drawn were certified by Magistrate - Mere fact that samples were drawn in the presence of a gazetted officer is not sufficient compliance of mandate of S.52-A(2)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Samples drawn in the presence of Gazetted Officer and not in the presence of Magistrate - Non drawing of samples in the presence of Magistrate and non certifying by Magistrate the inventory of seized contraband - Samples drawn not a valid piece of primary evidence - Once there is no primary..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 30 kg poppy husk - Non-compliance of provision of S.52-A of the Act - Samples were not drawn in the presence of Magistrate - There is thus, lapse on the part of I.O to comply with provisions of S.52-A of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 23(c), 25 -- Recovery of 511 kgs Ganja - Search and seizure - Samples were drawn in malkhana after a month of seizure and were sent to FSL after 18 days - No explanation given for such delayed sampling or dispatch of samples to laboratory for confirmation whether seized articles were narcotics or..........
