Showing : 1-10 of 179 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A-- Recovery of 40 injections of avil and 40 injections of norgesic - Magistrate nowhere mentioned in its order that seal `BS' and `GS' were there on sample parcels or that he has tallied both these seals with sample chit - I.O simply directed to deposit case property and sample parcel in Malkhana -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C-- Recovery of 40 injections of avil and 40 injections of norgesic - Delay of 6 days in depositing case property to FSL - No explanation given for such delay - No link evidence is there to prove that in intervening period when case property remained in possession of MHC, seals were never tampered..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 8(c)-- Recovery of poppy husk - Sampling process - Sample seal was prepared on separate piece of paper and impressions of seal and that of DSP and SHO were not directly put on CFSL form at the spot - PW3 though admitted that he prepared three copies of CFSL form - However, there is no evidence on record..........
DELHI HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C)-- Recovery of 285 kgs ganja - Difference in weighment of sample - Custody of samples duly proved by prosecution right from drawing of samples till same were produced before FSL by way of testimonies of PW5, PW7, PW2 and PW6 - FSL report also states that sealed parcels were received by it with seals..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20-- Recovery of 2 kg charas - In recovery memo it is not clear as to whose seal was affixed on the sample as well as residue, which was necessary - No entry of sample seal as well as sample of contraband substance was made in Malkhana Register, which makes it doubtful as to whether these articles were..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of poppy husk - Search and seizure - PW1 stated that sample seal chits were prepared at the spot - However, no such document was proved or exhibited before trial Court - Prosecution further failed to prove and place on record either Form No.29 or relevant entry in register no.19 showing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313-- Recovery of 52 kg poppy husk - Search and seizure - Non-deposit of sample in judicial malkhana - Sample was never deposited in judicial malkhana and remained in possession of I.O itself for a period of 2 days before it was sent to FSL - In absence of seal of Magistrate, sample parcel bearing seal..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Contraband - Unless there is actual production of case property in Court, prosecution case would not be established - This is for the reason that Court must satisfy itself about the seal(s) on the case property tallies with the seal(s) of the sample(s) sent for analysis to rule out any possibility..........
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 15-- Recovery of 12 kg of poppy husk - Search and seizure - Official witnesses proved that after giving notice to accused, an option was given to be searched before Gazetted Officer or Magistrate - Search was conducted and recovery of 12 kgs poppy husk was effected - I.O after arresting accused and..........

Showing : 1-10 of 179 Results