Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 130 gms smack - Madd number which is number assigned by Head Constable when parcels is kept in Malkhana, is mentioned on polythene containing case property - There is no dispute with regard to identity of parcel which was stored in Malkhana - Contention of accused that madd number not mentioned..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 130 gms smack - Non-commercial quantity - Accused already undergone substantive part of his sentence - Sentence of accused thus, reduced to period already undergone by him...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 23(b), Customs Act, 1962, Section 103 -- Recovery of 49 capsules containing charas secreted inside the body of accused - Permission of Magistrate not sought to conduct X-ray of accused - Non-compliance of provision of S.103 of Customs Act - Consent of accused for conducting X-ray of his body cannot be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 23(b), Customs Act, 1962, Section 103 -- Recovery of 49 capsules containing charas secreted inside the body of accused - X-ray of accused - Radiologist who conducted X-ray of abdomen of accused neither examined nor his report sent to Magistrate with X-ray Plate for suitable action as contemplated under..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 23(b), Customs Act, 1962, Section 103 -- Recovery of 49 capsules containing charas secreted inside the body of accused - Non-compliance of provision of S.103 of Customs Act - Procedure followed by Air Intelligence Unit in keeping the accused under surveillance in their office without producing him before..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 23(b), Customs Act, 1962, Section 103 -- Recovery of 49 capsules containing charas secreted inside the body of accused - Search and seizure - No independent witness examined - Entire process of alleged recovery took place within closed confines of Air Intelligence Unit office while accused was in custody..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Contrabnad - Not always necessary that contraband article should be in possession of accused to attract S.21(c) of the Act - If any one of the ingredients mentioned in S.21 of the Act is satisfied, offence will be complete...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - Entrustment of contraband for purpose of sale - Prima facie indicate that contraband was in possession of accused/petitioner and it was sold to first accused - Bail rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37(1)(b)(ii), Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - Entrustment of contraband for purpose of sale - In the instant case, there is sufficient material to indicate complicity of petitioner in crime - Even, there is no reasonable ground for believing that he is not guilty..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2.5 kgs intoxicant powder, 95 intoxicant injections without lable and without any permit or licence - Bail - No case of similar nature against petitioner - Though State contended that out of 9 witnesses, only 3 are examined, however, keeping in..........