Showing : 611-620 of 2003 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Contraband - Conscious possession - Recovery from vehicle - Accused driving and alone in vehicle - Presumption is that stuff recovered belongs to him - Prosecution is not required to prove ownership of vehicle or how accused happened to be in control of that vehicle...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Charas - Information that accused has kept charas in his shop - Police not searching shop and instead searching person of accused - Only 50 gms. charas wrapped in a plastic envelope recovered - Held, such a small quantity can easily be planted and even manipulated to be demonstrated to have been..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii)(a), 2(iii(c), 20-- Charas - Percentage of tetrahydrocannabinol in the sample not indicated - No test conducted to ascertain as to whether stuff was Charas that is to say resin, or some other preparation of cannabis - It cannot be said that stuff was in fact `Charas' - As regards cystolithic hair, these being the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Contraband - Conscious possession - No question regarding conscious possession of contraband put to accused in his statement u/s 313 Cr.P.C. - Possession of co-accused does not necessarily mean that appellant was in conscious possession of the contraband - No knowledge was attributed to him and no..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Contraband - Delay of 25 days in sending sample for analysis - Ample room for manipulation and tampering - Doubt created about the handling of sample - In case doubt is created in the case of prosecution, then benefit of such doubt goes to accused...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 19.250 Kg. - Non joining of independent witness - Recovery minor falling within the ambit of non commercial quantity - Chances of plantation of the same, against the accused, cannot be ruled out...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of - Delay of 10 days in sending sample for analysis - If other evidence produced by prosecution to prove the completion of link evidence is found to be cogent, convincing, reliable and trustworthy then mere delay in sending the sample to the Chemical Examiner pales into..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 19.250 Kg. - Sample sealed with two sample seals but only one sample seal produced before SHO - Tampering of sample not ruled out - Accused acquitted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Independent witness not joined - Case based on official witnesses - When case of prosecution is based on official witnesses only then even minor contradictions assume significant role, to cast a doubt on the prosecution story relating to the alleged recovery...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Non joining of independent witnesses - Home Guard Volunteer sent to village to bring an independent witness stated by one but denied by the other - No explanation in this regard - Prosecution case becomes doubtful...........

Showing : 611-620 of 2003 Results