Showing : 131-140 of 452 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 25-- Poppy straw - Recovery of 56 Kg. - Sample on which Magistrate had affixed the seal not sent to the Laboratory - Seal after use handed over to ASI and not to an independent witness - Independent witness not examined - Delay of 1 month and 10 days in producing case property before Magistrate - SI..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Accused found in possession of 20 Kg of poppy husk - Accused convicted and sentenced by trial court - Accused suffered protracted trial of 10 years - Accused not a previous convict and in the last 10 years, committed no offence - sentence reduced from 3 years RI to 9 months RI...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(b)-- Quantum of sentence - Effect of amendment - Accused found in possession of 40 Kg of poppy husk on 17.4.2001 - Trial court awarded sentence of 10 years RI on 25.10.2001 - Act amended on 02.10.2001 - After amendment 40 Kg poppy husk declared as non-commercial - Held, amended provisions apply -..........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15-- Recovery of 108 bags of Doda Chura - Recovery from factory in absence of accused - Investigation done by police officer who was not authorised to investigate the matter under NDPS Act - Court not to interfere at initial stage of framing charge on ground that investigation is done by an..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(b)-- Accused found in possession of 25.5 Kg of poppy husk - Accused convicted and sentenced - Accused suffered protracted trial for more than 10 years - Accused was 35 years of age when recovery effected - Accused has large family to support - Sentence reduced to 1 and half years...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 25.500 kg. - Accused convicted and sentenced to 1 year RI - Accused suffered protracted trial for more than nine years - Sentence reduced to period already undergone i.e. 2 months and 17 days...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 15-- Poppy husk - Secret information received - Recovery of 30 kgs. from two bags hanging on back side of a mare - Search not conducted in the presence of a Gazetted Officer or a magistrate nor an offer was made to the accused as to whether he would like to be searched in the presence of a Gazetted..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313-- Contraband - Conscious possession - Accused persons were sitting atop gunny bags containing the contraband articles - No question put with regard to possession or conscious possession in examination of accused u/s 313 Cr.P.C. - Conviction set aside - A circumstance about which accused was not..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 15-- Contraband - Conscious possession - Accused persons were sitting atop gunny bags containing the contraband articles - This shows possession of bags - Once possession is established the person who claims that it was not in conscious possession has to establish it, because how he came to be in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Identity of accused - Police holding a picket - At 10 P.M. signal given to a car to stop - Driver fled away leaving behind the car - Four bags of poppy husk recovered - After arrest TIP not held - Accused identified in Court for the first time - Prosecution miserably failed to prove identity of..........

Showing : 131-140 of 452 Results