Showing : 1031-1040 of 1969 Results

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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Partial offer - Appellant was informed that he can be searched in presence of DSP or Magistrate - Held, that it was duty of the IO to explain the appellant that he had option to be searched in the presence of a gazetted office or a Magistrate - Held, that there was violation of S.50 of the Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 114(g)-- Seal after use was handed over to a constable who has not been examined - Adverse inference drawn against the prosecution under S.114(g) of the Evidence Act...........
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 35-- Conscious possession - 5 kg. opium recovered from dicky of scooter driven by accused - Recovery at 4.30 a.m. in the month of September - Held, that it was a time when independent witnesses could not be available - Non joining of independent witnesses in the recovery will not affect the prosecution..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Poppy husk - Recovery of 5 bags on basis of secret information - Disclosure statement and recovery memo were prepared after DSP arrived at the spot - Both the Memo's did not bear the signatures of DSP - Bags were recovered from sand quarries which were in 8/10 acres of area and frequently visited..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67-- Conviction can be maintained solely on the basis of a confession made under Section 67 of NDPS Act...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67-- Contraband - Confessional statement made before Inspector of Narcotics Bureau - Confession not retracted - Conviction of accused on sole basis of confession upheld...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, Evidence Act, 1872, Section 25-- Contraband - Confessional statement made before Inspector of Narcotics Bureau - Confession is admissible as Inspector of Narcotics Bureau is not a Police Officer within meaning of S.25 of Evidence Act though he is vested with powers of Police Officer u/s 53 of NDPS Act - Statement is not hit by..........

Showing : 1031-1040 of 1969 Results