Showing : 591-600 of 2069 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Conscious possession - Discrepancy on material point - Appeal against conviction - As per PW 1 six bags containing something was lying near accused - Investigator, PW2 as well as ASI, PW5 have deposed that accused was sitting on bags - Held, these PWs are discrepant and contradict each other on a..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 34, 35-- Conscious possession - Examination of accused - No specific question with regard to conscious possession has been framed nor put to appellant while examining him u/s 313 of Cr.P.C. - Held, conscious possession is not established nor the presumption u/s 35 or 54 of the Act can be drawn in favour of..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Prevention of Corruption Act, 1988, Section 4(1)-- Jurisdiction of special court - Accused committed crime involving three offence under IPC, under NDPS Act and Prevention of Corruption Act - Accused filed bail application in Special Court constituted under NDPS Act - Court came to the conclusion that it had no jurisdiction in face of Section 4(1)..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 10 kg. - Accused convicted and sentenced to undergo 10 months RI - Prosecution had been successful in proving its case - Conviction upheld - Sentence reduced to already undergone which is 1 month 24 days...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 35 bags - Conviction by trial Court - Acquittal by High Court - Case property produced in Court and there was no evidence that the same was ever tampered with - Accused found sitting on bags and conscious possession proved - Delay of seven days in sending sample for..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 28 kg. - It is non commercial quantity - Appellant already undergone more than 6 years of actual sentence - Sentence of 10 years RI reduced to already undergone...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Conscious possession - Accused found sitting on 35 bags of poppy husk at 8.00 a.m. near a religious place and on seeing police party tried to hide themselves behind the bags - Proves and establish that they were in possession of the bags - Failure of accused to give reply how and why them came..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Delay of seven days in sending sample for analysis - Seal on samples not in any manner tampered with before it was examined by Chemical Examiner and this fact also mentioned in report of Chemical Examiner - Held, delay itself is not fatal to the prosecution case...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Evidence Act, 1872, Section 25, 26-- Recovery of contraband substance at the instance of accused from the field of his father in law - Plea that recovery was hit by Ss.25 and 26 of Evidence Act, as confession was made in police custody and also that possession cannot be said to be exclusive possession of accused - Accused himself..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Contraband - Non joining of independent witness - Recovery at night time - It cannot be said that independent witnesses were available but not joined - Mere non joining of independent witnesses not fatal...........

Showing : 591-600 of 2069 Results