Showing : 341-350 of 2066 Results

ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 42(1)-- Recovery from house - Witnesses could not state direction of the main door of house of accused and location from where the recovery was effected - Could not describe shape and size of the bag containing it - Contradictory and irreconcilable statement of prosecution witnesses - Accused acquitted...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c)-- SDM conducted enquiry on complaint by wife that accused was falsely implicated - Enquiry report that accused was falsely implicated - Report discarded by trial Court on the ground that statements of police personnel were not recorded by SDM - Fact remains that inspite of publication in paper..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36C, 36A, Criminal Procedure Code, 1973, Section 4(2), 190, 193-- Offence under NDPS Act - Cognizance by special court - Procedure for - Held, special court is supposed to take cognizance on the basis of investigation report/complaint submitted before it - NDPS Act does not require a committal proceeding to be undergone before special court can take cognizance..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35, Criminal Procedure Code, 1973, Section 457, 451-- Cognizance by special court - Presumption u/s 35 against accused - Held, S.35 of the Act reveals that it creates a rebuttable presumption against accused - Said presumption cannot be drawn at initial stage of taking cognizance - It can be invoked only during trial - But before this presumption..........
KERALA HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43, 37(1)(b)(ii),, 21(c)-- Contraband - Seizure, its testing, sampling and preparation of mahazar - All acts need not to be done at the very place from where interception is made - Not violative of Ss.42 & 43 of the Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 42-- Bail - Recovery of 120 Kgs. of buds of poppy husk - It is a commercial quantity - Raid conducted on a secret information - Non compliance of S.42 of the Act alleged but no prejudice shown except that it creates suspicion - Benefit of non compliance of provision of S.42 of the Act is available..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20-..........
KERALA HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- For applicability of the provision of S.21 NDPS Act, it is not always necessary that a person should be found to be in possession of the drug - If any of the ingredients of S.21 is satisfied, the offence would be complete...........
KERALA HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57(1)(b)(ii)-- Contraband - Bail - Both the conditions under sub-clause (ii) of clause (b) of sub-s.(1) of S.37 of the NDPS Act must be satisfied to enable the Court to grant bail to an accused in a case involving commercial quantity where the Public Prosecutor opposes the application for grant of bail...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - In a offence under NDPS Act - It is entire drug content, solution or mixture which is to be seen and not only pure drug contents of the narcotic/psychotropic substance - If it is found to be more than commercial quantity, then rigour of S.37 of the Act would apply - Notification dated..........

Showing : 341-350 of 2066 Results