Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of heroine - Search and seizure - Mere offer or option to accused would not satisfy the mandatory ingredients of S.50 of Act - Intimation given to accused cannot be treated as communication to him that he had a right under law to be searched before Magistrate and Gazetted Officer - Moreover, there..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Recovery of heroine - Search and seizure - Accused was prosecuted for commercial quantity of contraband yet its weight admittedly was never ascertained - As per statements of eye witnesses 450 grams of heroine was recovered but prosecution failed to give any explanation as to how quantity was..........
Indian Penal Code, 1860, Section 307, 323, Arms Act, 1959, Section 25(1B)(a) -- Attempt to murder - Prosecution alleged that accused fired upon victim by pistol from very short distance due to which gun shot injuries were sustained by victim on his neck - Medical report shows that injuries sustained by victim were simple in nature - Doctor did not find any characteristic..........
Indecent Representation of Women (Protection) Act, 1986, Section 5 - - Power to enter & search - When a police officer without any prior information as contemplated under the provisions of act arrests a person and seizes any material in normal course of investigation into an offence or suspected offences as provided under the provision of Cr.P.C. and when such seizure is..........
Indecent Representation of Women (Protection) Act, 1986, Section 4, 6, 5 - - Offence u/ss 4, 6 of Act - Quashing of proceedings - Irregularity or illegality in seizure is not a ground to quash the proceedings on the other hand it is a matter of evidence how it caused prejudice to accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42 -- Contraband - Search and seizure - Ss.41 & 42 of Act - Difference - U/S 41(2) of Act, an officer of gazetted rank is empowered to delegate his power to a subordinate who is of the rank of peon, sepoy and constable, however an officer who is not of the gazetted officer rank cannot act without..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 42 -- Contraband - Search and seizure - Where search is carried out in the presence of gazetted officer who is an empowered officer u/s 41 of Act, provision of S.42 has no application - In the instant case, superintendent had supervised the entire operation and he was present at the time when search was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of contraband - Search and seizure - Applicability of provisions of S.50 - Recovery of 5 kgs of opium from bag of accused - Held, provisions of S.50 will not be applicable - Provisions of S.50 is applicable only where search of a person is involved - It is not made applicable in those cases where..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of contraband - Search and seizure - In the presence of Tehsildar who was not performing the duties of Executive Magistrate - Tehsildar was however a Gazetted Officer - Held, since Tehsildar is a Gazetted Officer, as such requirement of mandatory provision of S.50 of the Act is fulfilled...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of Charas - Search and seizure - Official witnesses have not supported prosecution case - Both independent witnesses stated that their signatures were obtained on plain papers and pieces of clothes - They have denied recovery of contraband from accused persons and were declared hostile - Major..........
