Showing : 111-120 of 1966 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c)-- Recovery of 8.932 kg heroin - Deficiencies, inconsistencies and discrepancies in the statements of I.O without corroboration from other members of raiding team and independent witnesses - Evidence on record is scanty and lacking to establish that contraband was recovered from possession of accused..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37, Criminal Procedure Code, 1973, Section 436-- Bail - Recovery of 1.5 gms heroine - Quantity of drug allegedly heroine recovered from accused is small quantity - Conditions of S.37 of NDPS Act not applicable to case, as it is applicable to offences involving commercial quantity - Registration/pendency of other cases against accused is of no..........
DELHI HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c)-- Contraband - Two independent witnesses joined during investigation but not examined - Summons issued but both these witnesses were not residing at the given address - Strangely both these witnesses pursuant to summons u/s 67 NDPS Act appeared to record their statements - No genuine efforts were..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 451, 457, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60(3)-- Seizure of vehicle - Offence under NDPS Act - Seized vehicle can be returned to registered owner on furnishing bond with surety - Owner of vehicle has to produce vehicle before Trial Court as and when called for and he will not change nature and character of vehicle during pendency of criminal..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Illegal possession of narcotic drugs - Mere fact that drugs which are covered under Manufactured drug under NDPS Act and NDPS Rules and are also covered by Drugs and Cosmetics Act and Rules framed thereunder, would not mean that offender can be penalized only under Drug and Cosmetics Acts and not..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 37, Constitution of India, 1950, Article 32, 142, Punjab Jail Manual-- Remission of sentence - Denial of power of Courts to suspend sentence which has been declared as unconstitutional, does not confer a right on the convict to ask for suspension of sentence as a matter of right in all cases nor does it absolve Courts of their legal obligation to exercise power of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43-- Recovery of 9 bags of opium - Recovery affected from the jeep for which accused were having no licence - Jeep cannot be said to be public conveyance within meaning of Explanation to S.43 of the Act - S.43 of the Act, not attracted - S.42(1) of NDPS Act has to be complied with...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, Criminal Procedure Code, 1973, Section 433A-- Remission of sentence - Accused does not have right to seek remission under Cr.P.C. because of S.32A of NDPS Act - Accused can seek for remission or pardon either u/Art.71 or Art.161 of Constitution of India...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42-- Contraband - Compliance of S.42 of the Act - Where a search is conducted by a gazetted officer himself acting u/s 41 of NDPS Act, it is not necessary for him to ensure compliance of S.42 of the Act...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4)-- Default bail - Extension of time for investigation - Counsel representing accused was present when application for extension of time was filed - Contents of application were brought to the notice of counsel and he did not raise any objection for such application - There was total compliance of..........

Showing : 111-120 of 1966 Results