RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18-- Recovery of 9.100 kg opium - Grave discrepancy regarding safe custody of samples - Seizure Officer when confronted with the physical appearance of the exhibited articles candidly agreed that exhibited articles did not bear any signatures, seals or other identifying marks so as to connect them with..........
PATNA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Ganja - Non production of material exhibit during course of trial - Ganja stated to be kept in Malkhana but Malkhana register not produced - Material exhibit not produced before Court - Sample also not produced in order to corroborate oral evidence - Accused acquitted...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42-- Recovery of 19 bundles of ganja - Non-compliance of mandatory provision of S.42(1), (2) of the Act - Secret information - PW1 deposed that he had given the information about recovery, arrest and seizure of contraband articles to superior officer without disclosing any date and time - More so,..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57-- Recovery of 19 bundles of ganja - Non-compliance of provision of S.57 of the Act - No evidence on record that PW1 after arresting accused and seizing contraband articles from their vehicle within 48 hours next after such arrest or seizure had made a full report of all particulars to his immediate..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 19 bundles of ganja - Quantity of contraband - Prosecution failed to prove the quantity of contraband - It is doubtful as to whether offence if any committed by accused u/s 20 of the Act, involves commercial quantity - Prosecution even failed to prove any reliable evidence that arrest,..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 154-- Recovery of 19 bundles of ganja - Ante timed FIR - Two PWs who prepared the chek FIR and G.D. entry were withheld by prosecution during trial and relevant G.D. entries were suppressed deliberately - No evidence on record that FIR lodged at the time mentioned in chek FIR and G.D. entry - FIR held,..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 154-- Recovery of 19 bundles of ganja - Ante timed FIR - Recovery becomes doubtful and untrustworthy in absence of any corroboration by any other evidence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- False implication - Infringes right under Article 21 of the Constitution of India - It needs to be examined whether a nodal agency can be constituted to supervise investigation pursuant to an FIR to ensure that no innocent citizen is involved in a false case under NDPS Act - Matter may be examined..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18(b)-- Recovery of 1 kg Opium - False implication - Accused raised defence that he was having some dispute with police official, who got him falsely implicated in this case - However, there is nothing on record to show that PWs were having enmity against accused and are interested in his false..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18(b)-- Recovery of 1 kg Opium - Non-commercial quantity - Quantum of sentence - Accused is not previous convict and is young person of 35 years having no adverse antecedents - Accused not involved in any other case - Substantive sentence of accused reduced from R.I for 3 years to R.I for 1 year and 6..........