Showing : 1041-1050 of 2003 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8-- Poppy husk - Recovery of 55 bags carried in a truck - Failure to prove conscious possession - Accused acquitted - There was no alternative charge against accused that they were transporting goods without permit - In absence of charge accused could not be convicted u/s 8 of the Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54-- Presumption - Conjoint reading of Ss.35 and 54 of NDPS Act lay down that prosecution is only required to prove that accused was found to be in possession of contraband - Once it is proved by prosecution then onus lies on the accused to prove that he was not in conscious possession of such a..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of - Independent witness given up by prosecution being won over and examined by accused as a defence witness who stated that his signatures were obtained by police on blank papers - Witness not believed as he had not reported to the higher police authorities against this act..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of - Only independent witness won over and given up - Officials witnesses examined by prosecution who were considered to be not interested persons - Held, their evidence cannot be doubted on the ground of their official status...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 114-- Poppy husk - Recovery of - Only independent witness won over and given up - No adverse inference can be drawn...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20-- Ganja - Recovery of 155 Kgs. in six bundles - Accused standing in proximity of bundles of ganja on a public place - Enquiry not made about ownership of said bundles - Standing in proximity of contraband bundles on a public place is not by itself sufficient to hold that accused was in conscious..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57-- Provision of S.57 of the Act is directory in nature - Non compliance thereof per se is not fatal to the case of prosecution...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54, 35-- Conscious possession - Once an accused, is found to be in possession of contraband, he is presumed to have committed the offence, under the relevant provisions of the Act until the contrary is proved...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54, 35-- Conscious possession - Once possession is established, the person who claims that it was not a conscious possession has to establish it because how he came to be in possession is within his special knowledge...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54, 35-- Contraband - Conscious possession - Accused driving car and co-accused sitting by his side - Car belonged to brother of accused - Recovery of opium from dicky of car - It could safely be held that accused were in conscious possession of opium - Once possession is establish presumption of law u/s..........

Showing : 1041-1050 of 2003 Results