Showing : 101-110 of 157 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54-- Recovery of poppy straw from the conscious possession of accused - Accused acquitted as (1) Neither any specific question with regard to conscious possession framed nor put to the accused while recording his statement u/s 313 Cr.P.C.; (2) Seal after use not given to independent witness but..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 54, 35-- Contraband - Conscious possession - Accused sitting on poppy husk bag - Once it is proved that accused was having in his possession bag containing 30 kg of poppy husk as he was sitting on the same, then presumption u/ss 54 and 35 of the NDPS Act operates against him and he is said to be in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, Criminal Procedure Code, 1973, Section 313-- Recovery of poppy husk - Conscious possession - Charge and statement u/s 313 Cr.P.C state that accused found in possession of contraband, recovery was effected and sample drawn - Requirement of law fulfilled - Immaterial if word `conscious possession' missing in statement under section 313 Cr.P.C...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, 15-- Recovery of poppy husk - Conscious possession - 8 bags of poppy husk recovered from the canter driven by accused - In his statement under section 313 Cr.P.C., no question was specially put to the accused that he was in conscious possession of contraband - Independent witnesses not joined despite..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Evidence Act, 1872, Section 25, 26-- Recovery of contraband substance at the instance of accused from the field of his father in law - Plea that recovery was hit by Ss.25 and 26 of Evidence Act, as confession was made in police custody and also that possession cannot be said to be exclusive possession of accused - Accused himself..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 35, 54, Criminal Procedure Code, 1973, Section 313-- Contraband - Conscious possession - Specific question with regard to conscious possession neither framed nor put to accused in his statement u/s 313 Cr.P.C. - Presumption u/ss 35 & 54 of the Act is not available to prosecution - Accused acquitted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54, Criminal Procedure Code, 1973, Section 313-- Contraband - Conscious possession - Special question with regard to conscious possession not framed nor put to accused in his examination u/s 313 Cr.P.C. - Conscious possession not established - Presumption u/ss 35 & 54 of the Act cannot be drawn in favour of the prosecution - Accused acquitted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, 15-- Recovery of poppy husk - Conscious possession - Presumption u/s 35 and 54 operates against accused once possession of contraband is established ...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Contraband - Conscious possession - Recovery from vehicle - Accused driving and alone in vehicle - Presumption is that stuff recovered belongs to him - Prosecution is not required to prove ownership of vehicle or how accused happened to be in control of that vehicle...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Contraband - Conscious possession - No question regarding conscious possession of contraband put to accused in his statement u/s 313 Cr.P.C. - Possession of co-accused does not necessarily mean that appellant was in conscious possession of the contraband - No knowledge was attributed to him and no..........

Showing : 101-110 of 157 Results