Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg heroine - Illegal offer - Mere fact that an illegal offer was given, which was not accepted by accused, would not amount to non-compliance of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 1 kg heroine - Search and seizure - Search conducted in a public place - Provisions of S.43 of the Act would be applicable - S.42 of the Act would have no applicability...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg heroine - Non-compliance of S.50 of the Act - Search was conducted by DSP, who was a Gazetted Officer - Said search was carried out after accused had been duly apprised that he had legal right to get his search conducted from a Magistrate or by a Gazetted Officer - Accused had reposed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Recovery of intoxicant capsules and tablets - Search and seizure - Recovery effected from cardboard box in possession of accused `H', which was proved by PWs - Case property remained intact and was not tampered with after recovery - PW2 and PW3 had categorically deposed that Form M-29 was prepared at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Recovery of intoxicant capsules and tablets - Search and seizure - Accused `S' was not apprehended at the spot nor he was arrested during investigation - PW3/inspector stated that he has seen accused `S' in Court during trial and before that he never seen him - No confessional statement was got..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 29, Criminal Procedure Code, 1973, Section 228 -- Recovery of heroin - Jumbled up charge - 3.5 kg heroin was recovered from accused `A' and 50 kgs of heroin recovered from rented premises of accused `D' - Trial Court framed jumbled up charge combining both the recoveries together - However,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 29 -- Recovery of 3 kg heroin from accused `A' - Non-examination of independent witnesses - Consistent version of PW appear to find corroboration from voluntary statement of accused - Accused has not retracted his statement in the course of trial - Non-examination of independent witness does not affect..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 kg heroin from accused `A' - Non-compliance of S.50 of the Act - Recovery effected from a bag carried by accused in a public place u/s 43 of NDPS Act and not pursuant to a search of his body - However, offer was given to accused to be searched before a Gazetted Officer or Magistrate and he..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 29 -- Recovery of 50 kg heroin from accused `D' - Recovery effected from rented accommodation under the possession and control of accused `D' - Accused admitted u/s 313 Cr.P.C that he was a tenant under PW9 - PW9 proved tenancy agreement between himself and accused where 50 kgs of heroin was seized -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 29, 31A -- Recovery of heroin - Death sentence - 3.5 kg heroin was recovered from accused `A' and 50 kgs of heroin recovered from rented premises of accused `D' - Accused `A' was convicted on two occasions for possession of narcotic substance above commercial quantity - He was awarded death sentence in..........
