Showing : 51-60 of 156 Results

RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54-- Contraband - Conscious possession - To drawn presumption u/ss 35 & 54 is that first the possession must be proved then only the burden shifts on the accused to prove that it was not a conscious possession...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29-- Contraband - Possession - `Possession' as construed from time to time, implies `dominion' and `consciousness' in the mind of the person having dominion over an object that he has it and that he can exercise it - 'Possession' must be conscious and intelligent possession and not merely the physical..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 43-- Allegations of possession of chars in bags by three accused - Accused contended that police officer who made seizure, had throughout mentioned that there was chars with accused persons who were traveling in train - Thus he was already aware about contraband possessed by the accused - Procedure..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(c), 20(b)(ii)(a)-- Seizure of contraband substances (chars) weighing one kg. - Weight of one kg. taken by prosecution included weight of packing material - Thus the net weight of contraband was less than one kg. - Held, recovery falls between small and commercial quantity - Conviction of accused modified to one u/ss..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Search - Three accused - Joint notice - Very object of notice is to convey to accused person and make him aware about his rights - If it is sufficiently shown by the prosecution orally, by way of separate or joint notice, that the accused persons had been made known about their rights, it would be..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42-- Possession of contraband substance - Search and seizure was conducted by Sub Inspector who was not posted as State House Officer at the relevant time - Held, search and seizure cannot be said to have been conducted by competent officer - Conviction of accused set aside..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 389-- Suspension of sentence during pendency of appeal - Conviction and sentence under NDPS Act - Recovery 90 gm. of opium - In view of small quantity recovered, period of sentence undergone and other circumstances, sentence suspended subject to furnishing bond and to comply with certain conditions...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15-- Crushed poppy straw - Recovery of 21 kg. - Accused sentenced to 10 years RI and to pay a fine of Rs.one lakh - Quantity less than commercial quantity - Sentence reduced to already undergone - Fine reduced to twenty five thousand...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57-- Provision of S.57 of the Act is not mandatory - Provision is directory in nature...........

Showing : 51-60 of 156 Results