Showing : 921-930 of 2063 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Contraband - Chemical analysis - Prosecution has to strictly prove that sample was not tampered with until it was deposited in the office of Chemical Examiner - In the instant case there was no strict proof thereof - Possibility of tampering with the sample parcel cannot be ruled out - Conviction..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Contraband - Sample impression of seal neither deposited with the MHC nor sent to office of Chemical Examiner for deposit, as a result whereof, it could not be ascertained as to whether the seals on the samples were the same as affixed at the time of search and seizure - Prosecution case becomes..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Contraband - Search and seizure - Independent witness - No effort made to join an independent witness - It was imperative for IO to join an independent witness - However evidence of official witnesses, if it is creditworthy, cannot be disbelieved when not corroborated by independent witness -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 55, 57-- Contraband - Provisions of Ss.52, 55 & 57 are directory - Violation thereof does not ipso facto vitiate the trial or conviction - However, these provisions cannot be totally ignored - Failure to comply with these provisions have bearing on the appreciation of evidence, regarding search and seizure..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 36A(4), Criminal Procedure Code, 1973, Section 167(2)-- Offence under NDPS Act - Accused is entitled to bail on expiry of 180 days if the complete challan is not presented, and no application for extension is made and order is passed by learned court after hearing the accused...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 36A(4), Criminal Procedure Code, 1973, Section 167(2)-- Charas - Recovery of 11-1/2 kg. - Challan not presented within 180 days - No application for extension filed - Accused is entitled to bail u/s 167(2) Cr.P.C. - In the instant case bail not granted as recovery was heavy and charge-sheet filed on 196th day of arrest - Once charge sheet is filed..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54-- Conscious possession - Sitting near the bags of poppy husk in a field - Does not prove constructive possession or control over the same...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54-- Case property - Not produced in Court - Contraband recovered if not proved that it relates to the case, then certainly a doubt is cast on the prosecution case...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Charas - Recovery of one kg. - Accused travelling in a bus - NCB form not filled at the spot - Prosecution case that seal after use was handed over to PW2 but no mention of the same in search memo or search and seizure form or personal search memo - Two samples taken and one sent for analysis but..........
DELHI HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 21-- Heroin - Recovery of 75 kg. - Accused convicted on the basis of confession made to Officer of Narcotic Control Bureau - Confessional statements recorded by such officers is admissible in evidence - Statement can be considered voluntary if not retracted at the earliest point of time...........

Showing : 921-930 of 2063 Results