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Showing : 51-60 of 5002 Results

BOMBAY HIGH COURT

Year of decision: 2023
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 8(c), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of Ganja - Commercial quantity - Samples taken at the spot sent for Chemical Analysis but sample taken before Magistrate not sent for Chemical Analysis - Accused has made out case for bail - Contraband seized is commercial quantity..........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 500 gms Smack - Accused was never informed regarding his statutory right to be searched before Magistrate or Gazetted Officer - There is gross violation of S.50 of the Act - Accused acquitted...........

ALLAHABAD HIGH COURT

Year of decision: 2023
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 500 gms Smack - Most vital witness who prepared recovery memo not examined by prosecution - No explanation given by prosecution as to why this star witness has not been examined - Recovery of contraband from possession of accused is thus, doubtful - Accused acquitted...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii) -- Contraband - Bail - Recovery of 247 kg. Ganja - Accused already spent more than three and a half years in custody - Conditional liberty in a case of prolonged incarceration, must override the statutory embargo created u/s 37(1)(b)(ii) of the Act - Bail granted...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii) -- Contraband - Bail - Recovery of 247 kg. Ganja - Accused already spent more than three and a half years in custody - Formation of opinion as to whether there are reasonable grounds to believe that accused is not guilty, the same may not be formed at this stage when accused has already spent more..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Disposal of seized contraband - When there is non-compliance of S.52-A of the Act, where a certification of a Magistrate is lacking any inventory, photograph or list of samples would not constitute primary evidence...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 15(c), Evidence Act, 1872, Section 114(g) -- Recovery of poppy straw - Burden of proof - Burden heavily lies on prosecution - Non-production of physical evidence would lead to a negative inference within the meaning of S.114(g) of Evidence Act...........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of poppy straw - Non-compliance of provision of S.52-A of the Act - Prosecution permitted to keep the seized materials within the police station, to be produced at a later point of time by trial Court - This itself is a sufficient indication that the mandate of S.52-A of the Act has not been..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of poppy straw - Non-compliance of provision of S.52-A of the Act - No explanation either for non-production of seized materials or the manner in which they are disposed of - No order passed by Magistrate allowing the application, if any, filed u/s 52-A of the Act - Executive Magistrate has..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 15(c) -- Recovery of poppy straw - Search and seizure - PW5 who was a police officer himself had deposed on the existence of very same seized materials even before the occurrence - This testimony which destroys the very basis of prosecution case has not even been challenged - There is thus, serious doubt..........

Showing : 51-60 of 5002 Results