Showing : 711-720 of 4105 Results

ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(C)-- Bail during pendency of appeal - Conviction under NDPS Act - Recovery of 1.850 Kgs diazepam/intoxicating powder - Commercial quantity - Nature of offence is extremely serious because drugs like diazepam are extremely injurious to public at large - Indulging in business of such category of drugs..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18-- Recovery of 43.400 kgs opium - Recovery effected from bags tied with motorcycle which was abandoned by accused on seeing preventive team - However, members of preventive force and panchas could not identify riders of motorcycle on the fateful day - Accused was roped into case on the basis of..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18-- Recovery of 18.350 kgs poppy straw and 8.047 kgs opium milk - Recovery effected from room which opens in a different direction towards field of one person - Prosecution miserably failed to prove that accused was actually in conscious possession or was having dominion over room from where recovery..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67-- Confession - Recovery of 43.400 kgs opium - Statement of a person recorded by officers of NCB or CBN after arrest of such person is inadmissible in evidence is hit by S.24 of Evidence Act as well as mandate of Art.20(3) of Constitution which prohibit admitting a confession made by an accused in..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A-- Contraband - Exhibiting Muddamaal in self same condition or proving inventory and photographs prepared u/s 52-A of the Act - It is indispensable requirement so as to accept evidence of seizure and hold accused guilty of charge under NDPS Act - Failure to do so will deprive Court of verifying..........
DELHI HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Recovery of 7.090 kg charas - Recovery effected from suitcase of accused and not from his person - Provision of S.50 of the Act not attracted - Question of compliance of same does not arise...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, 8, 18-- Recovery of 9.700 kgs of opium - Prosecution failed to exhibit Muddamaal in self same condition as cartoon in which gunny bag containing seized contraband was placed neither bore signature of accused nor case number was mentioned - Moreover, neither any inventory was prepared u/s 52-A of the Act..........
DELHI HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35, 54, Evidence Act, 1872, Section 101, 102-- Conscious possession - Burden of proof - Initial burden of proof lies on prosecution and once the same is discharged, burden shifts on accused - Once possession is established, Court can presume that accused had necessary culpable mental state and has committed the offence...........
DELHI HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 28, 23(c)-- Recovery of 7.090 kg charas - Quantity of drug - Determination of - Percentage of THC (Tetra hydro cannibinol), (active ingredient) cannot only be taken into account to determine the quantity and purity of charas as commercial or semi-commercial - THC (Tetra hydro cannibinol) degrades over time,..........
DELHI HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 28, 23(c)-- Recovery of 7.090 kg charas - Contraband recovered from suitcase of accused - Accused confessed that he was aware of substance contained in his bag and earlier delivered the drugs six times - Testimonies of official witnesses consistent to the fact that recovery of contraband articles was made..........

Showing : 711-720 of 4105 Results