Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 57 -- Recovery of 203.5 kgs ganja - Search and seizure - Oral and documentary evidence on record shows that samples and seized contraband were duly sealed, specimen seal was also affixed in seized contraband as well as samples and seizure memo - Seized contraband as also samples were deposited in Malkhana -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 100 gms Charas - Search and seizure - No contradictions in testimonies of PWs - Presence of accused on the spot, travelling in the vehicle in question remains undisputed - Ocular version as also documentary evidence establishes complicity of accused - From testimonies of spot witnesses,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 6 cakes of charas - Search and seizure - Prosecution neither proved that which seal was used by arresting party and sample of seal prepared on the spot at the time of sealing contraband and its sample, nor proved that same was presented before Court at the time of recording of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6 cakes of charas - Search and seizure - Chance recovery - Recovery effected from accused all of a sudden - It was thus, a chance recovery - Provision of S.50 of the Act not applicable - Question of compliance of S.50 of the Act does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 6 cakes of charas - Search and seizure - Compliance of S.57 of the Act by itself is not mandatory but directory only, it may not vitiate recovery of contraband substance single handedly - But, in case it is found that accused is prejudiced by its no, compliance, it may adverse impact on case of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 35, 54 -- Recovery of 6 cakes of charas - Search and seizure - Prosecution failed to prove alleged recovery of contraband beyond reasonable doubt - Compliance of Ss.52, 57 of NDPS Act, have also not been made - Burden to prove possession of contraband could not be shifted on accused, as said burden..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of intoxicant capsules and intoxicant powder - Search and seizure - Representative samples not drawn in presence of Magistrate - Said omission goes against spirit of S.52-A of NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(B) -- Recovery of intoxicant capsules and intoxicant powder - Search and seizure - Person who effecting search and seizure, proceeded to investigate offence at a later stage - Said officer was not competent to investigate offence being judge of his own case - In order to have fair and impartial investigation,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(B) -- Recovery of intoxicant capsules and intoxicant powder - Search and seizure - No reason to segregate sample of both the intoxicants - Samples were required to be sent to FSL within 72 hours, as per instructions issued by Narcotics Control Bureau - Non-compliance of the same would render the prosecution..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1), (2) -- Recovery of 22 kg 700 gm cannabis - Provisions of S.42(1), (2) of the Act are mandatory in nature - But in special circumstances to record in writing such information and sending a copy thereof to immediate official superior may be postponed for a reasonable period and after search and seizure it..........
