Narcotic Drugs and Psychotropic Substances Act, 1985,  Section 55 - A plain reading of the provision makes it manifest that it is the duty of the police officer to deposit the seized material in the police station malkhana.(2018)2 SC eJournal 1314

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Narcotic Drugs and Psychotropic Substances Act, 1985,  - Standing Order No. 1 of 88 issued by the Narcotics Control Bureau in clause 1.13 - Drug Law Enforcement­ Field Officer’s Hand Book issued by the Narcotics Control Bureau - Samples must be dispatched to the Laboratory within 72 hours of seizure to avoid any legal objection - Were the seized goods and samples deposited in the Malkhana at the earliest opportunity after seizure, an acknowledgement receipt obtained from the Malkhana-­in-­Charge - Sample not having been deposited in the malkhana, coupled with non-­examination of the private witnesses, an adverse inference was drawn therein against the prosecution.  (2018)2 SC eJournal 1314

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Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 50 - Provisions of Section 50 are mandatory and must be strictly complied with  - Search/recovery made by the police officials from the accused of the alleged contraband (charas)  - Prosecution did not make the search/recovery from the appellant in the presence of a Magistrate or a Gazetted Officer -  Prosecution case that on apprehending the accused, he was informed by the police personnel that he has a legal right to be searched in the presence of a Gazetted Officer or a Magistrate to which the accused replied that he has a faith on the raiding police party and consented to be searched by them - Search and recovery made from the appellant of the alleged contraband “Charas” does not satisfy the mandatory requirements – Conviction set aside -  NDPS Act. (2018)2 SCeJ 1033

 

 

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