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Results of Narcotic Drugs and Psychotropic Substances

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Showing : 141-150 of 690 Results

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Recovery of 4 kg. opium - Fair investigation - It is very foundation of fair trial - It postulates that informant and investigator must not be the same person - Justice must not only be done, but must appear to be done also - Any possibility of bias or a predetermined conclusion has to be excluded -..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 35, 54 -- Contraband - Prosecution case cannot rest on preponderance of probabilities - Prosecution is required to establish a prima facie case beyond reasonable doubt after investigation, only after which burden of proof shifts to accused...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 35, 54 -- Contraband - Prosecution to establish a prima facie case beyond reasonable doubt - Obligation of proof beyond reasonable doubt takes within its ambit a fair investigation, in absence of which there can be no fair trial - If investigation itself is unfair, to require the accused to demonstrate..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 4 kg opium - Case property - Provision of S.55 of the Act makes it manifest that it is duty of police officer to deposit the seized material in the police station malkhana...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 4 kg opium - Search and seizure - Defective investigation - Non-examination of ASI and one person who signed consent memo and sealed samples along with PW1, were surely matters for investigation - However, no explanation given for the same - Case property was retained by PW1 in his private..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 7 kg 40 gms opium - Production of case property before Magistrate - In the absence of order of Magistrate showing that contraband seized from accused was produced before Magistrate, oral evidence adduced that contraband was produced before Magistrate cannot form the basis to record conviction...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 7 kg 40 gms opium - Best evidence is the Court records to prove production of case property before Magistrate and deposit of the same in Malkhana or document showing destruction of the contraband...........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 7 kg 40 gms opium - Non-compliance of S.50 of the Act - Accused was carrying contraband of about 7 kgs of opium in bag which he was carrying in scooter - Carrying contraband in scooter/bag cannot be said to be by the person necessitating compliance of S.50 of the Act for personal search -..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Unless there is actual production of case property in Court, prosecution case would not be established - This is for the reason that Court must satisfy itself about the seal(s) on the case property tallies with the seal(s) of the sample(s) sent for analysis to rule out any possibility of foul..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Evidence of PW1 Head Constable that Malkhana register not indicating about deposit of sealed property and there is no entry of such deposit in the Malkhana register - Prosecution failed to establish its case beyond reasonable doubt - Accused acquitted...........

Showing : 141-150 of 690 Results