Showing : 431-440 of 1977 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 54, 35-- Contraband - Conscious possession - Accused sitting on poppy husk bag - Once it is proved that accused was having in his possession bag containing 30 kg of poppy husk as he was sitting on the same, then presumption u/ss 54 and 35 of the NDPS Act operates against him and he is said to be in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Conscious possession - Recovery of two bags of poppy husk from the place which was a thoroughfare and that accused was standing near the bag - Held, it cannot be said that accused was in conscious possession of the bags - Moreover, independent witnesses were not joined though available and seal..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(d), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Accused convicted and sentenced to undergo RI for 10 years u/s 20 of NDPS Act - Accused sought parole for effecting repair of house - Accused had undergone only 2 years of sentence whereas release on parole for house repair can be granted once in 3 years - Competent authority reported that house..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(d), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Accused convicted and sentenced u/s 18 of NDPS Act - Accused sought parole for repairing house - Parole declined - Held, release on parole for house repair can be granted once in 3 years - Accused already availed parole for 4 weeks - Application for parole filed just few months after returning..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20-- Ganja - Recovery of 1.5 kg. - Charge sheet submitted - Accused convicted on basis of confession recorded before framing of charge - Provisions of Ss.225 and 229 Cr.P.C. given a total go-by - Complete miscarriage of justice - Order of conviction and sentence set aside...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, Criminal Procedure Code, 1973, Section 432(1), Constitution of India, 1950, Article 161-- Punjab Jail Manual, Paras 633-A, 644 and 699 - A convict under NDPS Act is not entitled to benefit of remission - Accused has to serve full term of imprisonment...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 32A, Criminal Procedure Code, 1973, Section 432(1), Constitution of India, 1950, Article 161-- Accused convicted and sentenced to undergo RI for 10 years u/s 20 of the NDPS Act - Accused pleaded pre-mature release on the ground that he earned remission and if same included, he has completed entire sentence - Held, S.32-A of the NDPS Act bars remission to accused convicted under NDPS Act -..........
DELHI HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Recovery of 1985 gms. of heroin from handbag which accused was carrying - Searching Officer apprised accused that he could be searched before Magistrate or Gazetted Officer from customs - Held, S.50 the Act duly complied with - Even otherwise there was no need to apprise accused about search when..........
DELHI HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55-- Recovery of 1985 grams of heroine from the handbag which accused was carrying - Trial court acquitted accused on the ground that there was non compliance of Section 55 of the Act - Held, Trial Court's view that seizing officer testified only when tested on the anvil of cross examination that the..........
DELHI HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23, 28-- Recovery of 1985 grams of heroine from the handbag which accused was carrying - Non examination of public witnesses who had been joined in seizure - Summons sent to these witnesses returned back unserved with the report that addresses were wrong - Held, prosecution case cannot be rejected on the..........

Showing : 431-440 of 1977 Results