Showing : 1-10 of 68 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57-- Recovery of 75 gms opium - Search and seizure - Recovery of contraband made by PW1, who is Sub-inspector - PW1 is thus, covered u/s 42 of the Act being an officer superior in rank to a peon, sepoy or constable - He is thus, required to carry out investigation in accordance with other provisions of..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50, 57-- Recovery of packet of pill of heroine - Recovery effected from inner pocket of pant - There is no uniformity as to whether said paint was worn by accused at relevant time or was hanging unclaimed - Mandatory provisions of Ss.42, 50, 57 of NDPS Act not complied with - Prosecution failed to prove..........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15(c), 42, 50, 51, 52, 55, 57-- Transport of contraband - Proof - On secret information accused were apprehended while transporting 4 bags containing 61 Kgs poppy straw powder - After recording information in daily diary register same in writing sent to superior officer - Due compliance of provisions regarding search, seizure..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, 42(1)-- Written information about recovery not sent to higher police officers - Mandatory provision of S.57 of the Act not complied with...........
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...........
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..........
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-- FSL report not put to accused in his examination u/s 313 Cr.P.C. - Without putting contents of the report to accused, it cannot be used against him - Prejudice certainly has been caused to accused - Sufficient to abjure conviction...........

Showing : 1-10 of 68 Results