..., Section 52A (2) and Section 55 of NDPS Act, as held by the Hon'ble Supreme Court, are directory in nature, but that does not absolve the investigating officer from his responsibility to comply w...55 of NDPS Act becomes significant.8. Having considered the arguments made by learned counsel for the applicant and having gone through the judgment of acquittal...under Sections 8/21/22 of Narcotic Drugs and Psychotropic Substances Act, 1985 [“NDPS Act”].2. With a view to appreciate the grounds urged by learned Government counsel...

...SC. 19. It is manifest from the afore-quoted case law that non compliance of Section 42 of NDPS Act vitiates the trial. Infringe... pertinent to note that in view of stringent provisions regarding punishment and grant of bail, the legislature in its wisdom enacted section 55 ...perused the contents of Section 55 of the NDPS Act, I have no hesitation to hold that contraband, so recovered from the accused, shall be forwarded to the officer Incharge ...

...) & (4) 50 Pentazocine Lactate Injection IP, 1 ml each (total weight 50 ml) and, thereby, committed the offence under Section 21(c) of the NDPS Act. 3. The learned Special Judge aft...acquitting the respondent/accused for the aforesaid offence for non-compliance of Section 55 of the NDPS Act; there is sufficient evidence available on record to show that Section ...Station Gandhinagar by a competent officer and for these cumulative reasons the learned Special Judge has acquitted the accused-respondent herein for the offence under Section 22(c) of the NDPS Act for non-complian...

...wearing. The recovered substance was kept in a plastic transparent box and was sealed. It was taken into possession, and rukka under Section 20/61/85 of NDPS Act was prepared. Copy of the seizure memo and ...Ravidas Marg, Govind Puri, New Delhi, and at about 10:45 AM, the co-accused Ranjan Biswas was apprehended. Thereafter, a Notice under Section 50 of NDPS Act was served upon him and he had given his reply...refusal to the notice under Section 50 of NDPS Act in Hindi. The raiding team conducted a search and upon a search, 582 grams of charas was recovered from his capry/short nikkar that he was...

...acquitted for the offences punishable under Section 17 and 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as "NDPS Act"). The learned Judge held, that the prosecution fail...in possession of the accused therefore raises doubt about the seizure of brown sugar in question in possession of the accused as alleged. The provisions of section 55 of the NDPS.... Therefore, there is non compliance of section 55 of NDPS Act, and raises doubt whether the said property alleged to have been found in the possession of the accused and the same was sen...

...station for its storage as per the provision of section 55 of the NDPS Act. It has further not been pointed out by any of the witnesses that any inventory was prepared after the recovery ...the seized article was a narcotic substance. It was contended in the above connection that the seized article was sampled as per the provision of section 55 of NDPS Act and thereafter, was forward...the Forensic Science Laboratory also does not appear established by evidence.12. Section 55 of the NDPS Act mandates that as soon as any article which is suspected to be a narcotic...

...Section 20/61/85 of NDPS Act was prepared. Copy of the seizure memo and sealed exhibits were sent to Police Station Govindpuri for compliance of Section 55 of ...trap was laid near Guru Ravidas Marg, Govind Puri, New Delhi, and at about 10:45 AM, the present accused applicant was apprehended. Thereafter, a Notice under Section 50 of NDPS Act was served upon the...applicant /accused and he had given his reply/ refusal to the notice under Section 50 of NDPS Act in Hindi. The raiding team conducted a search and upon a search, 582 grams of charas was...

...the witness PW 1 and was kept with him for 10 days. He has also admitted that the muddamal parcels were not sealed by the officer in charge of the police station as required under Section 55 of the NDPS ...imprisonment for 5 years, the appellant has preferred this appeal.2. The accused was charged under Section 15 of the NDPS Act. For proving the same, prosecution has examined PW 2.... Baldev Singh . (1999) 6 SCC 172.5. In Kalema Tumba (1999) 8 SCC 257 this Court considered the mandatory requirement of Section 50 of the NDPS Act and held that only...

...seizure in this case has been done in a public place, mandatory compliance of Section 42 of NDPS Act is not at all required and so far as the compliance of Sections 55 and 57 of ..., thereby, such place being a public place, the compliance of Section 42(2) of NDPS Act is not at all required. 8 ...of PW5 to clarify as to under whose custody the samples of Contraband articles were being kept in between the said three days. Section 55 of NDPS Act mandates that an officer-in-charge ...

...acquitted the respondent/accused on the ground that there was no evidence whatsoever as to where the case property had been kept after the same was seized and there was non-compliance of section 55 of the ...was caused to the accused/ respondent because of non-compliance of provisions of Section 55 of NDPS Act which was meant to safeguard the interest .... It is not a case of non-compliance of section 55 of ndps act resulting into prejudice to the accused/respondent. The reason given by learned Special Judge that the witness testified onl...

...State of Gujarat v. Jabbirsing Ratansing Indra Rajput [54 (3) GLR 1952] about interpretation of Section 52A read with Section 55 of ...this Act.Section 55. Police to take charge of articles seized and delivered- An officer-in-charge of a police station shall take charge of and keep in safe custody, pending the ord..., whereby in paras 18, 19, 20 and 21 it is held that in the matter of seizure, the prosecution is required to follow the procedure prescribed under Section 52A of the Act (amended by Amendment Act...

...Section 55 of NDPS Act was prepared and the case property, witnesses and accused were produced before the SHO. Thereafter, SHO after verification affixed his seal of RS on the...to pay fine of ̀ 5,000/- and in default of payment of fine, to undergo rigorous imprisonment for a period of one month under Section 21(b) of the NDPS Act. The brief facts ...., then, he had a right to do so. Accused was served with a notice under Section 50 of NDPS Act, which was read over and explained to him. After thinking for ten minutes, accused gave...

...relevant part of their testimonies as, when and where required. Infringement of Section 55 of NDPS Act: 10. ...in view of stringent provisions regarding punishment and grant of bail, the legislature in its wisdom enacted section 55 of the NDPS Act to ensure that officer Incharge of Police...perused the contents of Section 55 of the NDPS Act, I have no hesitation to hold that contraband, so recovered from the accused, shall be forwarded to ...

...Section 55 NDPS Act. Section 55 NDPS Act requires officer in-charge of the police station to keep the case property in his safe custody, pending orders ...about the prosecution case. The provisions of Section 55 were duly complied in this case as the case property was produced before the SHO, Police Station Dhilwan at the spot and he had put his seal over the case property. E...provisions of Section 55 of NDPS Act.(v) Effect of delay of 2 days in sending the samples to the Chemical Examiner.(vi)...

...the circumstances, it cannot be said that due to violation of Section 50 of the NDPS Act, recovery can be said to have been vitiated.16. The second contention of the learned couns...., 2001 SCC (Crl) 426 was misinterpreted by the trial court.17. So far as observation of non-compliance of Section 55 of the NDPS Act is concerned, it can be said tha...has been caused by non-compliance of Section 55 of the NDPS Act.18. A further contention of the defence can also be taken at this stage which is also relevant for the pur...

...provisions of Section 55 of NDPS Act have not been complied with. The compliance with Section 55 of the Act may not be mandatory, but non-compliance thereof doe...Sections 8/20 NDPS Act was registered against the respondents and the investigation was set in motion. During the course of investigation, Bharat Bhushan, I.O of the case visited the place of...the final report submitted in the competent Court of jurisdiction. 4 The charges for the commission of offences under Sections 8/20 NDPS Act were framed by the trial...

...the seizure slips 5 and failed to follow the inventory procedure as contemplated under Section 52 of the NDPS Act. The specimen seal...grounds 14 of appeal with regard to the specimen seal and violation of any provisions under Section 55 of NDPS...under Section 8(c) read with Section 20(b) of NDPS Act, 1985 and sentencing him to rigorous imprisonment for a period of ten (10) years and fine of Rs.1,00,000/- and in default ...

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...taken by the High Court that under Section 55 of the NDPS Act, that PW 1 was empowered to keep the case property and sample in his individual safe custody is completely erroneous on the face of it...Navin Sinha, J.— The appellant assails his conviction under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as “the NDPS Act...is established beyond reasonable doubt and not on preponderance of probability. The stringent provisions of the NDPS Act, such as Section 37, the minimum sentence of ten years, absence of...

...a charge for consumption of controlled substance and therefore the conviction was not called for. She would submit that the mandatory provisions of Section 50 and 55 of the NDPS ...articles in safe custody - Compliance of Section 55 of NDPS Act, 1985 and Section 28 of SADA, 2006. Crl. Appeal No.08 of 2018 Sushil Sharma v. State of.... Both the NDPS Act, 1985 and the SADA, 2006 mandates a strict compliance of the procedure. On the seizure of the narcotic drug or controlled substances certain precautions are absolutely necessary to ensure that n...