Showing : 51-60 of 242 Results

DELHI HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C)-- Recovery of 7.500 kg charas - Delay of 11 days in sending samples to FSL - No cross-examination of I.O which would enable him to explain the reason as to why samples were sent after such a delay - Moreover, samples along with seal were received in FSL in an intact condition and tested positive for..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Recovery of 1 kg opium - Delay of 5 days in sending sample to FSL - Where the sample parcel remained intact and was not tampered with at all at any stage of proceedings, mere delay of 5 days in sending sample would not create any dent in prosecution case...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 157-- FIR - Delay in sending FIR to Court - May provide basis for suspicion that FIR was recorded much later to set up a distorted version - But the delay in sending FIR to Court does not dislodge the other evidence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 60 kgs poppy husk - Delay in sending samples to FSL - Once it is proved that seals were intact and there was no tampering, delay in sending samples to FSL does not prove fatal to prosecution case...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Recovery of opium - Delay in sending samples - Seized articles were not sent immediately for chemical examination - However, FSL report states that a letter along with a sealed packet was received with seals intact and the description of case number and impression of seal having been fixed on memo..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 31-- Recovery of poppy straw - Delay of 13 days in sending sample to FSL - No explanation given by prosecution for withholding sample for such a long time - Accused acquitted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22-- Recovery of 260 gms of Dextropropoxyphene - Delay of 5 days in sending samples to FSL - Mere delay of sending samples is not fatal to prosecution case where seals were found intact - Since there is no evidence on record that sample has been tampered with at any stage of trial, delay, held, not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 26 kgs of poppy husk - Delay of 15 days in sending sample to CFSL - Though there is delay in sending samples to laboratory but sample parcels were not tampered - Seals of samples were intact and remained in safe custody - Delay of sending samples thus not fatal to prosecution case...........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Prevention of Food Adulteration Act, 1954, Section 7, 16-- Adulteration - Sample of mustard oil - Re-analysis of second sample - Accused has been deprived of his statutory right to have the second sample analyzed through CFL as second sample not produced from C.M.H.O. office in Court for nearly seventeen years despite repeated directions - No useful..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 154, 157-- FIR - Ante timed - Non-mentioning of Ss.504 & 506 in inquest report, Report to C.M.S, Photo nash and Challan nash is not sufficient to presume that FIR is ante timed - No adverse presumption should be drawn against prosecution on this ground - Case of prosecution cannot be rejected merely on the..........

Showing : 51-60 of 242 Results