Showing : 671-680 of 2009 Results

UTTARAKHAND HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20-- Charas - Recovery of 30 Gms. - No separate sample drawn from the recovered material on the spot in order to send the same for chemical examination - Nothing known as to where the seized contraband was kept after it was recovered - Not known when it was deposited in the Malkhana and when it was..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Female - Search by DSP in presence of lady officer - No prejudice caused to accused...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Poppy husk - Recovered from bags carried by accused - Provision of S.50 is not applicable - S.50 is applicable in case of personal search of a person and it does not extend to search of a vehicle or a container or a bag or premises...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54, 15-- Conscious possession - Accused sitting on two bags on road - Seeing police party accused behaved in a suspicious manner - When asked she disclosed that bags contained poppy husk - Possession of accused is conscious possession...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Delay of four days in sending sample for analysis - Immaterial in view of recovery stands proved and established by cogent and reliable evidence...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 100-- Independent witness - One independent witness available at the time of search and recovery won over and same examined by accused in defence - No other independent witness was present at the time of search and at the time of recovery as such search and recovery cannot be said to be vitiated...........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/ss 8, 21 NDPS Act - Recovery of 300 gm. of smack - FSL report of 31.25% of heroin i.e. actual weight of heroin coming to 93.75 gm. which is below commercial quantity - No criminal history of accused - Accused in jail for more than one year - Bail granted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- No recovery effected on personal search - Recovery effected from car - Provision of S.50 of the Act is required to be complied with in such a case even if recovery was not effected from personal search of accused...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Recovery effected by a raiding party which included DSP (gazetted officer) - Offer of search given - Accused opted to be searched by gazetted officer - Search conducted by DSP who was member of the police party and who belonged to same operation cell - Not proper compliance of S.50 of the Act -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Offer of search given but accused not apprised that he has such a right - Provision is S.50 of the Act is not properly complied with...........

Showing : 671-680 of 2009 Results