Showing : 971-980 of 3166 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Contraband - Recovery at Bus stand - No independent witness joined - Prosecution case becomes doubtful - Accused acquitted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Opium - Recovery of one kg. from bus stand - No independent witness joined - Recovery being minor falling within the ambit of non commercial quantity and chances of plantation could not be ruled out, it becomes the bounden duty of IO to observe all the safeguards provided under the Act, at the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Contraband - Delay of one month in sending sample to FSL - It is bounden duty of prosecution to prove that none tampered with the sample till it reached office of Chemical Examiner - Non strict proof by prosecution that sample was not tampered with, till it was deposited in that office is fatal to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Contraband - Sample seals not sent to FSL - Examiner deprived of comparing the seals on the sample parcels with the seals which were affixed at the time of alleged recovery - Prosecution case becomes doubtful...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55-- Contraband - Recovery - Case property and sample not produced before Magistrate - No explanation - Though provision of S.55 is directory in nature yet that does not mean that the same should be deliberately and intentionally breached - Intentional and deliberate breach of the provision of S.55 of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Contraband - Recovery of - Statement of constable who took sample to FSL not recorded u/s 161 Cr.P.C. - Serious prejudice is caused to accused as accused is deprived of confronting the witness with his previous statement so as to shatter the veracity of his testimony made in Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Contraband - Recovery on secret information - Non joining of independent witnesses - Not fatal when evidence of official witnesses is cogent, convincing, creditworthy and reliable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 20 bags each containing 35 kg. of poppy husk - Delay of 4 days in sending sample for analysis - Chemical Examiner found seals on sample packet intact and untampered - Delay not fatal when sample remains untampered...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 20 bags each containing 35 kg. of poppy husk - Independent witness not joined - It was a chance recovery - Mere non joining of independent witness, when evidence of prosecution witnesses, is cogent, convincing, creditworthy and reliable and there was no reason, on their..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 20 bags each containing 35 kg. of poppy husk - Conscious possession - Accused sole occupant of truck from which recovery was made - Sufficient to prove possession - When possession of contraband is proved then there is statutory presumption that accused has committed the..........

Showing : 971-980 of 3166 Results