Showing : 21-30 of 410 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 52 kg poppy husk - Non-joining of independent witness - Place of recovery is petrol pump, a public place - However, no independent witness was joined - Though mere no, joining of independent witness is not fatal to prosecution version under NDPS Act - But in peculiar circumstances of..........
PATNA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 29-- Recovery of 15 kg 600 gms Ganja - Non-examination of independent witness - An attempt was made by raiding team to make available independent persons, who had put their signatures on document showing search and seizure, but because of their being stray persons, could not be brought before Court for..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 3, 113B-- Dowry death - Deceased died unnatural death within 7 years of her marriage - Cause of death was consumption of poison - Dead body of deceased recovered from canal - But there is no witness who has either seen deceased consuming poison or dead body of deceased being thrown by accused in canal -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 25 kg poppy husk - Non-joining of independent witness - Police party on the date of incident was on routine patrolling and accused encountered all of a sudden and was apprehended on basis of suspicion of bag carried by him smeared with poppy husk - I.O. was having no chance to join..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Recovery of 12 kg opium - Search and seizure - Independent witness not joined - Original seal was never produced before Magistrate - Prosecution failed to explain that case property was same property which was sent to FSL and produced before concerned Magistrate - Sample seal not deposited along..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Recovery of 12 kg opium - Non-joining of independent witness Cannot be sole ground for acquittal of an accused but in view of various infirmities in prosecution case which created doubt about identity of case property as well as investigation conducted by police and no, joining of independent..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Recovery of 10 bottles of Rexcof - Signatures of accused on bulk parcel not obtained by I.O - Seal on bulk parcel is broken - No batch number, serial number, manufacturing or other particulars of case property were mentioned - No independent witness was joined - No intimation was sent to superior..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 23(b), Customs Act, 1962, Section 103-- Recovery of 49 capsules containing charas secreted inside the body of accused - Search and seizure - No independent witness examined - Entire process of alleged recovery took place within closed confines of Air Intelligence Unit office while accused was in custody of said officials - No medical..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Recovery of 2 kg heroine - Search and seizure - Non-examination of independent witness would not appear to be fatal to prosecution case, when there is no major contradiction in statements given by 5 PWs, to raise any doubt regarding credibility of prosecution case as a whole - Delay of 7 days in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 377, 302-- Unnatural offence - Murder - Dead body of deceased recovered in half naked condition - Semen detected on underwear of accused - However, no semen detected on anal/rectal swabs of deceased - No injury on private parts of deceased - Commission of sodomy upon deceased not proved - Alleged recovery of..........

Showing : 21-30 of 410 Results