Showing : 611-620 of 2065 Results

UTTARAKHAND HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 57-- Charas - Recovery of 100 gms. - It was 93 grams when it reached Laboratory - Creates serious doubt that article sent to laboratory was the recovered article - Specimen of seal prepared at the spot not filed in Court - No evidence that Charas deposited in Malkhana and taken to Laboratory was put up..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 100(4)-- Recovery of charas - Independent witnesses - Names of persons who did not join even after asking for joining not disclosed - No action taken against such persons - No real and sincere effort made to join independent witness - It is imperative for IO to join an independent witness, at the time of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of charas - Link evidence - Delay of 6 days in sending sample to laboratory - Delay not explained - Prosecution did not led any evidence that it was not tampered with - Fatal to prosecution case as the possibility of tampering with the same not ruled out...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 20-- Recovery of charas - Non compliance of Section 55 of the Act - Effect of - Case property not produced before area Magistrate - No explanation for the same - Breach of Section 55 fatal...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Accused found in possession of 3.5 Kg of poppy husk - Accused sentenced to 3 years and six months RI - Recovery effected is non commercial quantity - Held, sentence awarded is excessive - Sentence reduced to 6 months and 3 days already undergone...........
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 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 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...........

Showing : 611-620 of 2065 Results