Showing : 961-970 of 3013 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54-- 5 bags each containing 35 Kg of poppy husk recovered - Recovery effected in pursuance to disclosure statement from the room under the wheat chaff - Held, once recovery effected, it is presumed that accused has committed offence - Burden shifts on accused to rebut this presumption - Conviction..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy straw - Recovery of 70 kg. - False plantation not ruled out as accused had previously filed a complaint against SHO and due to that grudge SHO has falsely involved the accused in the instant case...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Contraband - Recovery of 2.100 kg. opium - Link evidence - Failure of prosecution to prove beyond a reasonable doubt, all the links starting from seizure - Possibility of sample being changed or tampered with during the period it changed several hands till its reaching the Public Analyst, could..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of three bags each containing 35 kg. - Delay of five days in sending sample for analysis - Delay not explained - By itself not sufficient to come to the conclusion that the sample parcels were tampered with - In such a situation the Court is required to fall back upon other..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy straw - Recovery of 70 kg. - Once the defence version is found to be more probable, than the prosecution version then the accused is required to be given the benefit of doubt...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Contraband - Recovery of 2.100 kg. opium - Sample - Delay of 9 days in sending sample for analysis - By itself not fatal to prosecution case - In such a case Court has to fall back, on the other evidence, produced by the prosecution - If after perusal of the other evidence, Court comes to the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of three bags each containing 35 kg. - Only independent witness given up being won over - No adverse inference can be drawn when the only independent witness was given up by the prosecution, as won over by the accused...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Contraband - Recovery of 2.100 kg. opium - Defence version more probable then prosecution version - Accused is entitled to acquittal...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of three bags each containing 35 kg. - Affidavits of witness not specifically put to accused in his statement u/s 313 Cr.P.C. - Conviction of accused cannot be set aside, merely on the ground that the affidavits of the formal witnesses were not specifically put to them in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54-- Poppy husk - Recovery of 3 bags each containing 35 kgs. of poppy husk - Accused sitting on bags in a park - Conscious possession - Accused failed to explain as to how such bags came to that place and in his possession - Moreover, once possession of accused and his control over bags is proved then..........

Showing : 961-970 of 3013 Results