Showing : 431-440 of 2022 Results

MADRAS HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42-- Recovery of morphine - Search and seizure - Compliance report u/s 42 of the Act sent by wireless message immediately after search and seizure and arrest on same day - Held, there was no violation of provisions contained in S.42 of the Act...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Contraband tied around the stomach - Not discoverable except by body search - Mandate of S.50 of the Act attracted - Non compliance of mandatory provision of S.50 of the Act - Accused acquitted...........
MADRAS HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Recovery of morphine - Search and seizure - Not mandatory for the prosecution agency to take public witness for search and seizure - Independent witness even though turned hostile, admitted signature on seizure memos - Held, sufficient to warrant an inference that witnesses were present at the..........
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...........
MADRAS HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67-- Recovery of morphine - Search and seizure - Confessional statement suffered by accused - Admissibility - Accused failed to inform magistrate on dates of remand extension that he was harassed and forced to give confessional statements - Held, in absence of complaint, it cannot be contended that..........
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..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b)-- Morphine - Recovery lesser than commercial quantity and above small quantity - Accused liable to be convicted u/s 21(b) and not u/s 21(c) of the Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 439-- Drugs and Cosmetics Act, 1940, Drugs and Cosmetic Rules, 1945, Rr.65, 97 - Bail - FIR u/ss 21, 22, 61 & 85 of NDPS Act - Petitioner found in unauthorized possession of intoxicating capsules and injections - Petitioner having licence to sell, stock or exhibit or offer for sale or distribute..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 25 Kg. - Sample - To be sent to Chemical Examiner only with the directions of the Courts on a request of I.O. - Otherwise, a concocted sample can be sent straight away by a police sleuth to the Chemical Examiner to foist a case against an innocent person...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Recovery of 1kg of opium from the accused - Sample sent to CFSL after eight days - CFSL form number 29 not filled at the spot - No explanation for non examination of sole independent witness - Head constable allegedly remained in possession of sample till its dispatch for analysis not examined -..........

Showing : 431-440 of 2022 Results