Showing : 531-540 of 4105 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii)-- Expression `reasonable grounds' in S.37(1)(b)(ii) of the Act means something more than prima facie grounds - However, Court while considering bail application with reference to S.37 of the Act, is not called upon to record a finding of not guilty...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C)-- Recovery of 6 cakes of charas - Non-weighing of contraband - Total weight of contraband is based on conjecture as there is no evidence on record that same was weighted on spot, which was essential, because as per new provision of NDPS Act, punishment provided for commission of offence dependent..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C)-- Recovery of 6 cakes of charas - Search and seizure - Prosecution neither proved that which seal was used by arresting party and sample of seal prepared on the spot at the time of sealing contraband and its sample, nor proved that same was presented before Court at the time of recording of..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Recovery of 6 cakes of charas - Search and seizure - Chance recovery - Recovery effected from accused all of a sudden - It was thus, a chance recovery - Provision of S.50 of the Act not applicable - Question of compliance of S.50 of the Act does not arise...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57-- Recovery of 6 cakes of charas - Search and seizure - Compliance of S.57 of the Act by itself is not mandatory but directory only, it may not vitiate recovery of contraband substance single handedly - But, in case it is found that accused is prejudiced by its no, compliance, it may adverse impact..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 35, 54-- Recovery of 6 cakes of charas - Search and seizure - Prosecution failed to prove alleged recovery of contraband beyond reasonable doubt - Compliance of Ss.52, 57 of NDPS Act, have also not been made - Burden to prove possession of contraband could not be shifted on accused, as said burden is..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37-- Bail - Recovery of 1.001 kgs charas - Commercial quantity - Involvement of petitioner in other similar offence - Though registration of earlier cases cannot be sole ground for rejecting bail application, however that can be taken into account to ascertain character and behavior of accused and his..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37-- Bail - Recovery of 1.001 kgs charas - Commercial quantity - Petitioner arrested not only on the basis of statement of co-accused but there is also substantive evidence of call details regarding his involvement in offence - Main accused neither acquitted nor enlarged on bail - Not only source of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Contraband - Search - Non-compliance of S.50 of the Act - Accused was required to be searched in presence of independent officer - Officer who conducted search of accused was only a member of raiding party and such reposition of faith by accused is contravention of spirit of S.50(1) of the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A-- Recovery of intoxicant capsules and intoxicant powder - Search and seizure - Representative samples not drawn in presence of Magistrate - Said omission goes against spirit of S.52-A of NDPS Act...........

Showing : 531-540 of 4105 Results