Showing : 581-590 of 2010 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b)-- Smack - Recovery of 105 grams alongwith a scale, weights of 50, 10 & 5 grams - 15 days delay in sending sample for analysis - Constable who carried the sample for analysis nowhere stated regarding deposit and handing over of sample seal impression - As per his evidence sample seal impression was..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b)-- Smack - Recovery of 105 grams - Non joining of independent witnesses - Independent witnesses available but not joined - No reasons given for non joining of passersby - Casts a suspicion over the prosecution story...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b)-- Smack - Recovery of 105 grams - Independent witness denying that recovery was effected in his presence - Accused acquitted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 35, 54, Criminal Procedure Code, 1973, Section 313-- Contraband - Conscious possession - Specific question with regard to conscious possession neither framed nor put to accused in his statement u/s 313 Cr.P.C. - Presumption u/ss 35 & 54 of the Act is not available to prosecution - Accused acquitted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Contraband - Independent witness to whom seal after use was entrusted not examined - Delay of five days in sending sample for analysis - There is every possibility that the sample was tampered with by getting back the seal from the independent witness...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54, Criminal Procedure Code, 1973, Section 313-- Contraband - Conscious possession - Special question with regard to conscious possession not framed nor put to accused in his examination u/s 313 Cr.P.C. - Conscious possession not established - Presumption u/ss 35 & 54 of the Act cannot be drawn in favour of the prosecution - Accused acquitted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 5 bags each containing 34.750 kg. from Tata Sumo - Driver not arrested at spot - Investigating Officer a stranger to accused - Identity of accused highly doubtful for the reason that he was not made to join the test identification parade - Conviction set aside...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 9-- Test identification Parade - Recovery of poppy husk from Maruti Car and from Cycle - Names and parentage of accused described correctly in ruqa - Remaining accused described as handicapped - Statement of Official witnesses consistent regarding identification - Held, identification parade not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of poppy husk - Non joining of independent witness - Chance recovery from accused - Recovery affected from deserted place in morning - Efforts made to join independent witnesses, but none came forward - Held, prosecution case cannot be thrown because of non joining of independent..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of poppy husk - Link Evidence - Delay of 4 days in sending samples to laboratory - Samples intact when reached at Laboratory - Official to whom samples entrusted also examined - Link Evidence complete - Held, delay of 4 days in sending samples is not fatal...........

Showing : 581-590 of 2010 Results