Showing : 821-830 of 2065 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 35, 54-- Heroin - Recovery from inside the bumper of tractor - Conscious possession - Accused was driving tractor and other was sitting on mudguard - Tractor not a public transport - It was within the knowledge of accused as to wherefrom the same had been brought and to which destination the same was to be..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 35, 54-- Heroin - Recovery from inside the bumper of tractor - House of accused also raided - Independent witnesses - Plea of non joining independent witnesses - There was urgency to raid houses of accused to find out as to whether more heroin or any other contraband was concealed therein or not - In case..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 20-- Acquittal of offence u/ss 8, 18 & 20 - Appeal against - Impression of seal not sent alognwith sample - Sample taken 100-100 gms but when it reached FSL it weight 92 and 93 gms. - Not proved beyond doubt that sample which reached FSL was the same which was taken at the spot - No reason to disturb..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 52A-- Accused found in possession of 1 Kg of opium - Case property not produced during trial - At the time of production of accused an application moved under Section 52-A for disposal of property which was allowed - Held, non production of case property will have no adverse effect on prosecution case...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Accused found in possession of 1 Kg of opium - It was a chance recovery - There was no secret information - No evidence that independent witness available but not joined - Held, non joining of independent witness is not sufficient to discard the prosecution evidence...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 100, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Independent witness - Absence of an independent witness despite being available and deletion of name of such witness in list of witnesses certainly create doubt about the bona fide of investigation agency...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Conscious possession - Recovery made from house - No proof that accused was owner of premises wherefrom recovery was effected - Rather burden put on accused to prove that he is not the owner of the house - Seal not handed over to any independent witness - Disclosure statement recorded when accused..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 54-- Ganja - Cultivation - Failure to prove that land was in possession of accused - When possession is proved then presumption u/s 54 of the Act applies - `Possession' naturally signifies lawful possession - There can be no possession without intention or consciousness...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 54-- Ganja - Cultivation - Land belonged to Forest Department - Even if the land belonged to Forest Department, physical possession or control needs to be gone into requiring proof thereof - No evidence from adjoining neighbour or persons in the vicinity having seen the accused either cultivating the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 37.500 kg. from accused travelling on a scooter - Independent witness not joined though place of recovery a thorough fare - Sample impression seals not deposited in the office of Chemical Examiner - Prosecution witnesses not corroborating each other - Statement of..........

Showing : 821-830 of 2065 Results