Showing : 681-690 of 3913 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Contraband - Appeal against conviction - No investigation was conducted with regard to origin and destination of contraband - Owner of truck was also not proceeded u/s 25 of NDPS Act - No proceeding for confiscation of truck were taken - Only independent witness was disbelieved and was held to be..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29-- Recovery of 40 bags of poppy husk - Non production of muddamal, sample in Court, no, deposit of sample in Malkhana, no explanation as to where sample remained for one month, are infirmities which go to root of case - Conviction and sentence set aside - Accused acquitted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Evidence Act, 1872, Section 105-- Contraband - If accused claims any special concession on plea that he is an `Addict' and not `Trafficker', the onus to establish this claim automatically shifts upon accused - There is no duty of IO/Arresting officer to take into consideration whether accused is an `Addict' or `Trafficker'...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 22(c)-- Contraband - If accused claims an `Addict' and seized quantity of contraband is just marginally above commercial quantity and convinces conscience of Court to conclude that same was actually meant for his own personal consumption then accused is undoubtedly liable for punishment u/s 22(b) and may..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21-- Release of vehicle seized in an offence u/ss 8/21 NDPS Act - Power u/s 451 Cr.P.C. should be exercised expeditiously - Owner of vehicle should not suffer because of it remaining unused and police should not be required to keep the article in safe custody - Vehicle ordered to be released on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Contraband - Recovery slightly above commercial quantity - Accused already undergone 01 year and 09 days out of total substantive sentence of 10 years - Appeal not likely to be decided in near future - Sentence suspended...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42-- Recovery of 1.200 kg charas - Secret information - Non-compliance of S.42 of the Act - Accused acquitted...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)-- Recovery of 1.200 kg charas - Independent witnesses - Two independent witnesses were present at the time of search and seizure - However, none of them was produced before Court as PWs - All PWs of search and seizure belong to Narcotic Control Bureau - It creates doubt in prosecution case - Accused..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67-- Recovery of 1.200 kg charas - Confession - Notice u/s 67 of NDPS Act - Not properly served upon accused - Thumb impression of accused obtained on blank paper by officers of raiding team - Contents of notice not read over and explained to accused - Moreover, notice was prepared in English language,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c)-- Recovery of 115 kg poppy husk - Chance recovery - I.O had no opportunity or time to call independent witness to join investigation - Testimonies of official witnesses also carries same evidentiary value and their testimonies cannot be discarded merely on the ground of their official designation -..........

Showing : 681-690 of 3913 Results