Permalink GalleryNarcotic Drugs and Psychotropic Substances Act, 1985, S.18–Non Commercial quantity-Reduction in Sentence-Petitioner was sentenced to two year-Reduced to 8 months and 15 days already undergone- Held; (i) During bail appellant has not repeated the offence and was not previous convict and has shown improvement in his character. (ii) Son of appellant is 100% blind and is wholly dependent on him as wife of appellant has already died. (iii) Appellant is only bread earner of family and working as a labourer in private factory-Criminal Procedure Code, 1973,8.482.
September 2018
- Permalink Gallery
Narcotics—Personal Search—Accused posed faith in raiding party and gave written consent for being searched by raiding party—Held; this does not satisfy the requirement ofS.50 NDPS Act—Accused acquitted. Narcotics–Personal Search—Search before Magistrate or Gazetted officer is mandatory requirement and strict compliance thereof is mandated.
July 2018
- Permalink Gallery
Narcotics—Burden of Proof—Mere registration of a case under the Act will not ipso facto shift the burden on to the accused from the very inception. Narcotics—Case Property—Mere fact of a FSL Report being available is no confirmation either of the seizure or that what was seized was contraband, in absence of the production of the seized item in Court as an exhibit.
- Permalink Gallery
Narcotics—Personal Search—Accused posed faith in raiding party and gave written consent for being searched by raiding party—Held; this does not satisfy the requirement of S.50 NDPS Act—Accused acquitted. Narcotics—Personal Search—Search before Magistrate or Gazetted officer is mandatory requirement and strict compliance thereof is mandated.
April 2018
- Permalink Gallery
Narcotic Drugs and Psychotropic Substances Act, 1985, -Freezing of Property-Section 68A (cc) of the Act does not even remotely talk of conviction or the result of prosecution–The authorities under the Act are enabled to act under this provision against every person, who has been ‘arrested’ or against whom a ‘warrant or authorization of arrest’ has been issued
January 2018
September 2017
- Permalink Gallery
Contraband–Secret Information–Fax message–The contents of a document could be held to have been proved in terms of section 66 only when the contents are decipherable and not otherwise. Contraband–Secret information–An officer who received such information was bound to reduce the same in writing and not for the person who hears thereabout.
August 2017
July 2017
- Permalink Gallery
Narcotic Drugs and Psychotropic Substances Act, 1985, S.35 & S.34–Conscious Possession-Burden of Proof-Thus, in view of the aforesaid ratio of law once the possession is established, it is for the accused to show as to how they came to be in possession of the contraband as this fact is specially within their knowledge
June 2017
Permalink GalleryNarcotic Drugs and Psychotropic Substances Act, 1985, S.20—Recovery of Contraband-Delay in sending samples to FSL as well as special report to Area Magistrate-No explanation has been given by prosecution-Person who delivered the special report was not examined-Makes prosecution case doubtful
- Permalink Gallery
Criminal Procedure Code, 1973, S.313-Statement of Accused-Conscious Possession-20 bags of poppy husk recovered from jeep in which accused were traveling-Mere omission of word “conscious possession” in the statement of the appellants recorded under Section 313 Cr.P.C. has not resulted in any prejudice to the appellants
- Permalink Gallery
Narcotic Drugs and Psychotropic Substances Act, 1985, S.15—Conscious Possession-Recovery of 25 bags of poppy husk 40 kgs each from a truck-Only the accused-appellants were present in the truck—Word “conscious” is a state of mind, it is a deliberately or intended and means awareness about a particular fact