Showing : 51-60 of 1977 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 800 gms charas - Search and seizure - Depositions of spot official witnesses not found to be trustworthy, as discrepancies and contradictions were found in their statements with respect to sequence of events, missing narration of certain events claimed to happened by prosecution and..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 451-- Release of seized vehicle - Vehicle seized for transporting 38 kgs poppy straw - Charge sheet already filed - More than 8 months have passed since seizure of vehicle - It is thus not appropriate to keep the vehicle idle for indefinite period - Nothing on record to show that contraband was..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 9A, 25A, 29, Criminal Procedure Code, 1973, Section 439-- Recovery of 23320 kgs Methaqualone tablets - Bail - Petitioner tried to set up a plant for manufacture and trade of Methaqualone without ensuring that co-partner had a valid licence for commissioning of plant - No evidence on record that petitioner having acted in connivance with co-partner in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 4 kg 400 gms charas - Search and seizure - Identification of possessor of bag - Recovery effected from bag kept beneath three seater bench of bus - However, it was not sure as to whom that bag belonged - There is material contradiction with regard to identity of possessor of bag in..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall or re-examination of a witness - Offence under NDPS Act - Re-examination of PWs 1 & 2 for limited purpose of identification of case property since both the witnesses were members of patrolling party in whose presence alleged contraband was recovered from exclusive and conscious possession..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25-- Release of seized vehicle - Vehicle involved in NDPS case - Vehicle if remains in police station for long period same will be destroyed - No other person is claiming custody of vehicle in question - Vehicle directed to be release on suparadginama with conditions...........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - Jurisdiction of court to grant bail is circumscribed by the provision of S.37 of NDPS Act - Limitations on granting of bail specified in S.37(1)(b)(ii) of the Act are in addition to the limitations under Code of Criminal Procedure, 1973, or any other law for the time being in force on..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C)-- Recovery of 6 cakes of charas - Non-weighing of contraband - Total weight of contraband is based on conjecture as there is no evidence on record that same was weighted on spot, which was essential, because as per new provision of NDPS Act, punishment provided for commission of offence dependent..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 35, 54-- Recovery of 6 cakes of charas - Search and seizure - Prosecution failed to prove alleged recovery of contraband beyond reasonable doubt - Compliance of Ss.52, 57 of NDPS Act, have also not been made - Burden to prove possession of contraband could not be shifted on accused, as said burden is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A-- Recovery of intoxicant capsules and intoxicant powder - Search and seizure - Representative samples not drawn in presence of Magistrate - Said omission goes against spirit of S.52-A of NDPS Act...........

Showing : 51-60 of 1977 Results