Showing : 11-20 of 95 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(c), 20-- FSL report not put to accused in his statement u/s 313 Cr.P.C. - Accused not confronted with the most incriminating evidence against him - FSL report cannot be read against accused - Entire prosecution case falls apart - Accused acquitted on this ground alone...........
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...........
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..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(iii)(a), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Charas - Quantity - Determination of - Recovery of 1.100 kgs. of charas - As per FSL report it contained 21.25% purified resin - FSL report does not show that there was any neutral substance in that sample - Held, according to definition of charas in S.2(iii)(a) quantity of charas cannot be..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - Second application - Recovery of 2 Kg. opium - FSL report received - Morphine found 2.47 - Substance recovered coagulated juice of opium poppy and not any mixture - Content of morphine in the contraband is totally irrelevant - Entire substance has to be considered as opium - Also a number..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Recovery of 100 injections of G-Norphine and 1000 tablets of Phenotil without valid licence - As per report of FSL Diphenoxylate Hydrochloride (2.5 mg), Atrophine sulphate (0.025) and Buprenorphine (0.29) were found in injections and tablets - Diphenoxylate not more than 2.5 mg. - Quantity of..........

Showing : 11-20 of 95 Results