Showing : 1031-1040 of 1976 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55-- Poppy husk - Recovery of - IO deposited bags with HMC - Case property and sample not produced before SHO - No explanation for non production of case property before SHO - It violates provision of S.55 of the Act - Nothing on record to show that case property was produced before Ilaqa Magistrate..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of - Sample seal given to ASI - Sample sent for analysis after 11 days and seal remained with police - Possibility of sample being tampered with and substance being changed and bags being resealed cannot be ruled out - Conviction set aside...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Link evidence - Affidavit of constable who took the sample to office of Chemical Examiner not tendered for cross examination - Link evidence missing - Material Infirmity...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 9 bags from a four wheeler - Two accused were found sitting on the bags and one accused escaped - Recovery took place at 3.30 a.m. - Evidence of official witnesses was consistent and reliable - They had no bias against accused so as to falsely implicate them - Independent..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54-- Contraband - Conscious possession - Appellant sitting on bag containing poppy husk - No evidence on record to show that appellant was owner of bag - Even no evidence that appellant transported the same - Prosecution failed to establish conscious possession of appellant...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Contraband - Seal after use handed over to some other police official in the presence of independent witness - No reason assigned for the same - Investigator and this police official posted in the same police station - Not difficult for the former to get back the seal from the latter before the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55-- I.O. also SHO of police station - After seizure of the case property it was deposited with MHC - Violated provisions of S.55 of the Act - SHO should have kept the case property in his safe custody pending the orders of Magistrate - Provisions of S.55 of the Act are merely directory in nature but..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55-- Case property not produced before SHO - Rather it was deposited in malkhana - Absence of SHO in the P.S. - This fact not stated in the case diary - Violation of S.55 of the Act - Conviction set aside...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Link evidence - Affidavit of MHC with whom case property was deposited and the constable through whom sample was sent for Chemical Analysis tendered in Court but not produced in Court for their cross examination - It is a material lacuna which knocks at the bottom of the case - Conviction set..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Conscious possession - Accused was found sitting on 3 gunny bags containing poppy husk - Held, that merely because accused was found sitting on bags and his failure to give any satisfactory explanation for being present there is not enough to prove that he was in conscious possession of bags - IO..........

Showing : 1031-1040 of 1976 Results