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RAI CHATTOPADHYAY
Rajesh Kumar Baranwal @ Bablu – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(Rai Chattopadhyay, J.) :
1. The criminal case has been initiated against the present petitioner, that is, NDPS Case No. 16 of 2014 dated February 4, 2014, under Section 21 read with Sections 22 and 29 of the NDPS Act, 1985. The corresponding Case No. is 01/NDPS/CL/CUS/COBPU/13-14 dated February 4, 2014.
2. The petitioner has filed the present revision under Section 482 of the Code of Criminal Procedure, seeking quashing of the said proceeding.
3. Section 21 of the NDPS Act, 1985 provides for punishment for contravention of the statutory provisions in relation to manufactured drugs and preparations. Section 22 thereof, has dealt with punishment for contravention in relation to psychotropic substance and section 29 of the said Act is for punishment for abetment and criminal conspiracy with relation to an offence under the said Act.
4. Section 21 of the NDPS Act, 1985 has provided that any manufacture, possession, sale, purchase, transportation, inter-state imports and exports or uses of any manufactured drug or any preparation containing the manufactured drug, in contravention of the provisions of the Act or Rules or order made or conditions of license granted thereunder,
The court established that prima facie evidence is necessary for proceeding with drug-related prosecutions, and confessions made to certain officers are inadmissible.
The main legal point established in the judgment is the applicability of the NDPS Act, 1985, particularly in relation to the presence of codeine phosphate in the contraband, and the court's reliance ....
Seizure of psychotropic substance – Conviction and sentence cannot be sustained when there is no recovery from appellant of any incriminating material.
Where the materials placed before the Court disclose grave suspicion against the accused which has not been properly explained, the Court will be fully justified in framing a charge and proceeding wi....
Section 52A of NDPS Act deals with disposal of seized narcotic drugs and psychotropic substances.
The need for admissible evidence and material connecting the accused with the alleged crime before framing charges.
The conscious possession of a commercial quantity of a narcotic substance and the compliance with specific sections of the NDPS Act, 1985 are crucial in determining bail eligibility.
The court established that confessions of co-accused require corroboration to justify detention, emphasizing the need for evidence in bail considerations under the NDPS Act.
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