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ALLAHABAD HIGH COURT

Year of decision: 2007
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii) -- Charas - Recovery of 7 kg. at a busy place - Independent witnesses available but not jointed - Fact that independent witnesses not ready to join mentioned at the fag end of recovery memo whereas it should have been mentioned in the recovery memo at the appropriate place before the search and seizure..........

ALLAHABAD HIGH COURT

Year of decision: 2007
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 57 -- Charas - Recovery of 7 kg. - No evidence as to compliance of provisions of Ss.52 & 57 - No evidence that Arresting Officer informed accused as to ground of his arrest and no evidence that any information was given by informant to his Superior Official - Reasonable possibility of plantation of..........

ALLAHABAD HIGH COURT

Year of decision: 2007
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Provision is directory - This, however, does not mean that it should be given a complete go by as that will make provision of S.57 otiose - It is a cardinal principle of law that if a thing is required to be done in a particular manner then that thing should be done in that manner or not at all...........

ALLAHABAD HIGH COURT

Year of decision: 2007
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Non observance of provision of S.57 of the Act - Does not by itself diminishes the recorded conviction but it certainly diminishes the value of prosecution evidence...........

Showing : 1-4 of 4 Results