Showing : 1-10 of 186 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Recovery of 45 grams intoxicant powder - Non-joining of independent witness - No effort was made by I.O or any other police officer to join any independent witness - I.O did not verify from accused as to from where he had procured intoxicant powder - There is no entry in register regarding sending..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b)-- Offence u/ss 8 & 18(b) of the Act - Delay of one year in producing seized sample in Court - Coupled with this the signature on the seal being illegible creates a serious doubt with regard to the prosecution case...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18(b)-- Offence u/ss 8 & 18(b) of the Act - Delay of one year in producing seized sample in Court - Signature on seal illegible - In the Malkhana register there is an entry with regard to the deposit of seized sample but entry dealing with exit from the Malkhana for taking it to Court is blank - Not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Recovery of 1800 ml of intoxicant liquid containing codeine phosphate salt - Magistrate has o occasion to tally sample seals with sample parcel and bulk parcel as Form No.29 was not forwarded - Though it is mentioned in the order that seals were intact, however, Magistrate has not followed the..........
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 52A-- Recovery of intoxicant tablets - Disposal of seized tablets - Sample parcels were kept for five days despite order of CJM and deposited the same after delay of 5 days - No explanation as why it was kept for 5 days when there was special order of CJM - It required to be deposited immediately with..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52-- Recovery of 4 kg opium - Search and seizure - When case property along with accused was produced, no direction was issued how to deal with this sample parcel as well as case property and how to keep it in safe custody - Illaqa Magistrate therefore, not followed the procedure u/s 52 of the Act - It..........
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..........

Showing : 1-10 of 186 Results