Showing : 11-20 of 35 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Smack - Recovery of 300 grams - As per report of Chemical Examiner, the contraband contained 50.23% diacetyl Morphine and smack was 151 grams which is non commercial - Held, it is not the total weight of the substance which is material but the percentage of diacetyl morphine is relevant - Charge..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Reduction in sentence - Recovery of 250 grams of smack which is non commercial quantity - Accused convicted and sentenced for a period of 10 years and to pay a fine of Rs.1.00 lac - Convict not involved in any other criminal case - Keeping in view that non commercial quantity recovered from the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b)-- Smack - Recovery of 105 grams alongwith a scale, weights of 50, 10 & 5 grams - 15 days delay in sending sample for analysis - Constable who carried the sample for analysis nowhere stated regarding deposit and handing over of sample seal impression - As per his evidence sample seal impression was..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b)-- Smack - Recovery of 105 grams - Non joining of independent witnesses - Independent witnesses available but not joined - No reasons given for non joining of passersby - Casts a suspicion over the prosecution story...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b)-- Smack - Recovery of 105 grams - Independent witness denying that recovery was effected in his presence - Accused acquitted...........
DELHI HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Smack - Recovery of 21 packets containing 10.5 kg. - 21 sample of 50 gms each sent for chemical examination - FSL found weight of some of samples 47 gms. - Weight of other samples also differed - Discrepancy in weight not explained which is a material fact in the prosecution story - Conviction set..........
ALLAHABAD HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/ss 8, 21 NDPS Act - Recovery of 300 gm. of smack - FSL report of 31.25% of heroin i.e. actual weight of heroin coming to 93.75 gm. which is below commercial quantity - No criminal history of accused - Accused in jail for more than one year - Bail granted...........
RAJASTHAN HIGH COURT
Year of decision: 2009
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21-- Contraband - Smack/heroin weighing 410 gms. recovered - Rate of purity not mentioned in FSL report - FSL report cannot be relied and acted upon because it lacks quantitative test - Substance recovered cannot be termed as `opium derivative' - Accused acquitted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Official witnesses only - Recovery of 4.9 Kg. opium and .99 gm. smack - Independent witnesses not joined - Recovery is quite heavy which cannot be planted by prosecution from their own source - Conviction upheld...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Quantum of sentence - Recovery of 4.9 Kg. opium and .99 gm. smack - Incident 10 years old - Sentence reduced from 15 years to 10 years with no change in sentence of fine...........

Showing : 11-20 of 35 Results