Showing : 351-360 of 2033 Results

RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8 18-- Sample for analysis sent 50 grams but it was found only 32.200 gram - Sample tested after one year and three months of recovery - At the time of recovery substance was in the form of black soaked sticky substance - At the time of testing it was `almost solid slightly sticky' - Thus, due to lapse..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18-- Sample seal neither handed over to independent witness nor deposited in malkhana but remained in possession of recovery officer upto the filing of charge sheet - No suggestion put in cross examination that he misused the seal and that sample packet was tampered with and instead of the sample taken..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(c), 20-- FSL report not put to accused in his statement u/s 313 Cr.P.C. - Accused not confronted with the most incriminating evidence against him - FSL report cannot be read against accused - Entire prosecution case falls apart - Accused acquitted on this ground alone...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Examination of accused u/s 313 Cr.P.C. - Every incriminating circumstance appearing against accused in the statement of prosecution witnesses has to be put separately one by one and accused has to be given an opportunity to accept or negate the same...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Each and every step required to be observed by searching and raiding party has to be brought before the Court by admissible and reliable evidence stated by prosecution witnesses...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- S.42 of the Act does not create any distinction between information received from an accused or from an informer - It nowhere provides that information given by accused for possessing and carrying narcotic be not taken down in writing - Non observance of the said requirement creates a doubt on the..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- S.42 of the Act is mandatory in character and hence it's non observance is fatal to the prosecution case and makes it suspect...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Non compliance of the provision of S.50 of the Act - Personal search of accused conducted - On search a bag was found carried in right hand - It is not the case of prosecution that only bag carried by accused was searched - Fact that there was personal search of accused is evident from the fact..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- S.57 of the Act is directory and non compliance of the same by itself is insufficient to set aside the conviction but at the same time it's non compliance and non observance diminishes credibility of testimonies of prosecution witnesses when scanned with other surrounding circumstances may make..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 313, Criminal Procedure Code, 1973, Section 313, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Sample sent for analysis 10 grams - FSL found it to be 20 grams - It was for the person who had drawn the sample to have entered into the witness box and explain how much sample he had drawn and how there was discrepancy in its quantity - Held, sample which was drawn was tampered with and no..........

Showing : 351-360 of 2033 Results