Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search and seizure - Chance recovery - Held, when a person is searched by police in an ordinary way without any specific information or belief about person possessing narcotic drug or psychotropic substances, there would be no occasion for officer taking search to comply with provisions of..........
Criminal Procedure Code, 1973, Section 51(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of contraband - Conviction - Validity - Polythene bag containing 17 vials of brown sugar recovered from blouse of accused woman - Evidence of male prosecution witnesses shows that accused was taken to corner of building by lady head constable where her..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Cheating - Accused/Managing Director of company entered into agreement to sell plots on receipt of full payment - Company not in possession of genuine transferable/saleable homestead land - Documents pertaining to land in question already seized by income tax department - Accused without intimating fact of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of contraband - Conflict in evidence of witnesses about room which was in occupation of appellant and was searched - Discrepancy in evidence as to number of polythene packs containing brown sugar which were recovered - Grave discrepancy in evidence of official witnesses with regard to sealing..........
Criminal Procedure Code, 1973, Section 97, Hindu Minority and Guardianship Act, 1956, Section 6 -- Wrongful confinement - Search warrant - Petitioner/mother voluntarily left minor child with respondent/husband - Said fact neither denied nor even disputed by petitioner/mother - Held, father is natural as well as legal guardian of minor boy - Therefore when a minor son is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41(2), 42 -- Contraband - Search carried out by Police Head Constable - Arrest and search having been effected by an officer not being an empowered officer or an authorized officer u/s.41(2) of the Act, same lacks sanction of law and is inherently illegal and as such, cannot form basis of a proceeding in respect..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 50 -- Search of person - Compliance of S.50 of Act - Initially it was cardboard box allegedly carried by accused No.1 that was searched, at which point of time, it was not necessary to comply with provision of S.50 of the Act - Thereafter, person of accused No.1 was also searched in breach of mandatory..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search and seizure - Bag was brought by co-accused and its contents were taken out by him and given for search which is thereafter seized by officials after having found contraband substance - Inextricable connection between search of a person and bag cannot be established - It is only search of bag -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42 -- Search and seizure - Search conducted and contraband seized by gazetted officer from residential premises of accused - Held, proviso to S.42(1), which requires recording of ground of his belief, not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Secret information - Recovery of 25 bags of poppy husk - No search warrant obtained - If the Police Officer had not reached the place of recovery immediately after the receipt of secret information and if time was consumed in obtaining search warrant accused could have escaped from the place of recovery..........
