Showing : 91-100 of 410 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c)-- Contraband - Two independent witnesses joined during investigation but not examined - Summons issued but both these witnesses were not residing at the given address - Strangely both these witnesses pursuant to summons u/s 67 NDPS Act appeared to record their statements - No genuine efforts were..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 208 kgs poppy straw/husk - One of three independent witnesses, who actually entered the witness box not corroborated the prosecution story - No cogent explanation given by prosecution as to why other two spot witnesses in whose presence alleged recovery was effected, were given up on..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Contraband - Non-association of independent witness - Recovery effected from secluded place and at that time nobody was there to be taken as a witness - Moreover, incident occurred in the midnight of January and there was extreme cold - In such circumstances, if no witnesses were found and taken..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 451, 341, 147, 323, 506, 149-- Offence u/ss 451, 341, 147, 323, 506, 149 IPC - Occurrence took place during fair and many people had gathered there - However, prosecution only examined interested witnesses and no independent witness was associated - PWs turned hostile - Statements of police officials and doctor are also of no..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 1 kg charas - Non-association of independent witnesses - Place of incident was not a secluded place - Non-association of independent witnesses by police in such situation, raises serious doubts about truthfulness of version of story of prosecution - Prosecution otherwise also not able..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 1 kg charas - Inconsistencies and contradictions in the testimony of police witnesses - Material on record gives a looming impression that testimony of police officials is neither cogent nor it is trustworthy - No independent witness worth its name was associated by police to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29-- Recovery of 7.400 kg charas - Non joining of independent witness - Recovery effected from the car of accused - It was secluded place where car was stopped and it was also dark there - Investigation could not be carried out at the spot and in such circumstances PW4 brought the car along with other..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302-- Murder - Recovery of blood stained clothes of accused - Blood group of deceased was found on clothes of accused, however, prosecution failed to establish that accused was not having the same blood group - No explanation as to why independent witness was not procured at the time of recovery -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Cultivation of poppy plants - Non-joining of independent witnesses - PW9 stated that no independent witness was present in the village as the houses of villagers were found locked - However, it is unbelievable that all the houses in village were locked and thus no independent witness could be..........
DELHI HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c)-- Recovery of 1 kg heroin - Non-joining of independent witness - Four to five individuals were requested at two stages to join investigation, however, they declined - Merely because no independent witness was associated at any stage of investigation, for that lapse statements of official witnesses,..........

Showing : 91-100 of 410 Results