Showing : 11-20 of 101 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of seven bags of poppy husk - Commercial quantity - Plea of false recovery - Recovery effected from possession of accused - Samples were duly taken and sent to FSL - Seals on samples were intact - Provision of S.52A of NDPS Act duly compiled with - No evidence on record to show that I.O..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 250-- Malicious prosecution - Compensation - Acquittal in an offence under NDPS Act - Acquittal on the foundation that there was delay in obtaining report from FSL and further the test showed that seized items did not contain any contraband article - Nothing on record to show lapse on the part of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22-- Default bail - Offence u/ss 21 & 22 NDPS Act - Challan not presented as FSL report not received despite expiry of statutory period - Petitioner directed to be released on interim bail, however, only till filing of report u/s 173 Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of charas - Accused contended that I.O has violated mandatory provisions of guidelines in Standing Order issued by Government of India with respect to quantity of sample - However, these guidelines have been issued only for the purpose of guidance of I.O - There is no statutory provision..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Seizure of Drugs - Bail - Presiding officer of a Special Court dealing with NDPS cases wherever the need is felt and where matter is being unnecessarily delayed may grant interim bail till the receipt of FSL report and thereafter consider the case after receipt of the report...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 21, Arms Act, 1959, Section 25-- Contraband - Conviction - FSL report shows that sample was of diazepam and accused `M' cannot justify his possession and is liable under the Act - He was also found in conscious possession of a revolver and thus violated the provisions of Arms Act - Prosecution had obtained sanction for..........
GUJARAT HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 42, 43, 50, 54-- Recovery of `ganja' - Conviction - Validity - 20 kg 760 gms of ganja recovered from accused while sitting on railway platform - Samples sent to FSL found to be of ganja - All mandatory provisions under NDPS Act fulfilled - No material contradiction which would even raise suspicion about procedure..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21-- Contraband - Illegal possession - Acquittal - Validity - SDPO not produced and examined at trial to prove that exercise of search, seizure and recovery of contraband and arrest of accused was a legitimate and lawful exercise conducted in conformity with mandatory provisions of NDPS Act - Evidence..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), Criminal Procedure Code, 1973, Section 313-- Contraband - Statement of accused u/s 313 Cr.P.C. - Questions not put to accused with regard to receipt of secret information and report of FSL - Incriminating circumstances appearing in statement of PW's not put to accused - Question not put with regard to investigation conducted by first I.O. -..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18-- Memo of impression seal not bearing signature of accused - Does not adversely affect the prosecution case as the recovery memo bears the impression of seal also - Evidence on record reveals that alongwith sealed packet of sample, material documents were also sent to FSL - Not explained how non..........

Showing : 11-20 of 101 Results