Showing : 21-30 of 155 Results

RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54-- Contraband - Conscious possession - To drawn presumption u/ss 35 & 54 is that first the possession must be proved then only the burden shifts on the accused to prove that it was not a conscious possession...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29-- Contraband - Possession - `Possession' as construed from time to time, implies `dominion' and `consciousness' in the mind of the person having dominion over an object that he has it and that he can exercise it - 'Possession' must be conscious and intelligent possession and not merely the physical..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54-- Recovery of poppy straw from the conscious possession of accused - Accused acquitted as (1) Neither any specific question with regard to conscious possession framed nor put to the accused while recording his statement u/s 313 Cr.P.C.; (2) Seal after use not given to independent witness but..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Recovery of 2 Kg. of opium - Conscious possession - Recovery from underneath the rear seat of truck - Accused driving truck and co-accused sitting by his side - In these circumstances their conscious possession would be well inferred...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 54, 35-- Contraband - Conscious possession - Accused sitting on poppy husk bag - Once it is proved that accused was having in his possession bag containing 30 kg of poppy husk as he was sitting on the same, then presumption u/ss 54 and 35 of the NDPS Act operates against him and he is said to be in..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50-- Conscious possession - Recovery of two bags of poppy husk from the place which was a thoroughfare and that accused was standing near the bag - Held, it cannot be said that accused was in conscious possession of the bags - Moreover, independent witnesses were not joined though available and seal..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 35, 54-- Opium - Recovery of 111 Kg. from dickey of car in which two accused were travelling - Held, accused were in conscious possession of the opium as they were travelling in a private car and not in a public vehicle - Once possession is established, it was for the accused to explain that they were not..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54-- Conscious possession - Recovery of two bags of poppy husk from two accused persons - One of the accused was allegedly sewing the bags and co-accused was merely present there - Co-accused acquitted - Held, mere presence in the place of the recovery is not sufficient to attribute conscious..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35, 54, Criminal Procedure Code, 1973, Section 315-- Recovery of charas - Conscious possession - Charas recovered from car driven by accused - Co-accused took lift in the car - Both the accused were knowing each other - Held, once recovery is effected, it has to be presumed that the accused was in conscious possession thereof unless otherwise proved..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(c)-- Recovery of 4.800 gms of charas - Conscious possession - Recovery from a bag found kept on roof of bus - No consistent and creditworthy evidence that bag belonged to accused who was travelling in the bus - Held, conviction cannot be sustained...........

Showing : 21-30 of 155 Results