Showing : 1041-1050 of 2065 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 8 bags - Sample sent to FSL after 8 days against standing instructions to send sample within 72 hours - Nothing to show that CFSL form was filled at the spot and deposited in the Malkhana - Possibility of sample being tampered with cannot be ruled out - Accused acquitted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 35, 54-- Poppy husk - Conscious possession - Accused sitting by the side of poppy husk bags - Area having wild growth of sufficient height belonging to none and accused was found by the side of poppy husk bags and thus it was the accused who was in constructive possession and control over the contraband -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Contraband - Recovery of - Seal after use handed over to police officials though independent witness was present - Held, if seal remained with the police, the possibility of seal, contraband and sample being tampered with cannot be ruled out...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55-- Poppy husk - Recovery of 8 bags - One sample from each bag taken - Act contemplates of taking two samples - Testimony of IO silent as to producing case property before Magistrate - Accused acquitted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Conscious possession - Means awareness about a particular fact - It is the state of mind which is deliberate or intended - Possession in a given case need not be physical possession, but can be constructive, having power and control over the article, while the person whom physical possession is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Contraband - Recovery of - Case property deposited in Malkhana - Official who deposited the property neither examined nor his affidavit produced - Held, link evidence is palpably missing...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Three accused - Composite notice issued upon all the three accused whereas each of the accused is required to be served individually with such notice - By composite notice accused are prejudiced in their right - Accused acquitted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20-- Contraband - Recovery of - Delay of one month in sending sample for analysis - No evidence that sample and case property was tampered with - Seal on samples tallied with specimen seal - Held, mere delay in sending sample for analysis does not cause prejudice to the accused - It does not prove that..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Contraband - Recovery from bag carried in hand - S.50 of the Act is not applicable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20-- Contraband - Recovery of - Non joining of independent witness - Efforts made to join independent witness but non was ready - Accused can be convicted on the evidence of official witnesses if it does not suffer from any serious infirmity...........

Showing : 1041-1050 of 2065 Results