Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg 400 gms charas - Non-compliance of S.50 of the Act - Giving of third option - Consent memo obtained from accused shows that in addition to two statutory options of search before Magistrate or Gazetted Officer a third option was given to accused from getting himself searched before any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 10 gms smack - Search and seizure - Mentioning of complete details of FIR before ruqa was sent to police station, raises suspicion about recovery - Case of prosecution is thus, doubtful - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 120 gms Charas - Once police party comes to know about possession of contraband by accused then it is incumbent and mandatory on the part of police party to carry out inter se search fist among its own members...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 120 gms Charas - Police party coming to know about possession of contraband by accused - Inter se search among police personnel for ensuring that police party was not possessing any suspicious material - This vital factual aspect cannot be ignored merely because arrest was sudden -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy straw - Recovery effected from car which was found struck in fields after having met with an accident with tractor - Material contradictions regarding quantity of contraband recovered from car - No recovery effected from possession of accused - `S' who is alleged to report an accident..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43, 42, 50, Criminal Procedure Code, 1973, Section 439(2) -- Contraband - Commercial quantity - Cancellation of bail - Recovery effected from a bag carried by co-accused in his hand on a public road and not from his person/body - Seizure of narcotic substance by ASI of police is not without authority of law or..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of 3 gms heroin - Commercial quantity - Prima facie material disclosing recovery of narcotic substance above commercial quantity i.e 3 gms of heroin from petitioner - Recovery effected from petitioner pursuant to search conducted by a Sub..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 91 bags of poppy husk - Search and seizure - All codal formalities including search and seizure were carried out strictly in accordance with law - Samples were received in CFSL in intact condition - Accused were travelling in canter and all of them knew about contraband being carried in canter..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 40 injections of avil and 40 injections of norgesic - Search and seizure - Material discrepancies in statement of PW3 and PW5 regarding time of recovery - PW3 gives no explanation about mentioning of FIR number in some of documents, whereas, PW5 has stated that same were incorporated on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 15 injections of Amin 10 ML and 15 injections of Bonorwin 2ML - Non-compliance of S.50 of the Act - Recovery effected from carry bag of accused - Personal search of accused was also conducted - Accused is a lady, however, lady police present on the spot was not directed to conduct search of..........
