FIRST LAW

Narcotic Drugs & Psychotropic Substances Act, 1985 - Ss. 20, 61 & 85 - Police recovered 255 grams charas from the bag - Less than commercial quantity - freedom of bail petitioner cannot be allowed to be curtailed for indefinite period during the trial, especially when investigation in the case is complete and nothing is required to be recovered from the bail petitioner.

Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 57 - The non-compliance of Section 57 could be held to be detrimental only when there were large number of other lacunae, cumulative effect of which could be to disbelieve the recovery.

Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 20 - Search and Seizure -    the law the Court should follow for awarding conviction under the provisions of N.D.P.S. Act is “stringent the punishment stricter the proof.”

Narcotic Drugs and Psychotropic Substances Act, 1985 - Ss. 54, 35, 20(b)(ii)(C), 42 & 50 - Search and Seizure - M ere registration of a case under the Act will not ipso facto shift the burden on to the accused from the very inception.