Showing : 1-10 of 41 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Evidence Act, 1872, Section 114(g)-- Recovery of 800 gms charas - Search and seizure - Non-production of sample parcel sent for chemical examination in Court, is fatal to prosecution case for want of production of missing link between parcels produced in Court and chemical Examiner's report, particularly when evidence of official..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42-- Recovery of 5 kg 150 gms smack - Secret information - Applicability of provision of S.42 of the Act - Where search is made by Gazetted Officer, he does not require obtaining search warrant before making search - Neither information received by Gazetted Officer be reduced in writing, nor need to be..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19-- Sanction for prosecution - Not required for passing an order u/s 156(3) or for search warrant - However, it is required at the stage of taking cognizance of offence, when Magistrate applies his mind to legal proceedings and considers police report or material before it...........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 97-- Search warrant - Two conditions are sine qua non prior to passing of an order u/s 97 Cr.P.C. viz: (i) person in connection with whom request for search warrant is made, should be shown to be in wrongful and illegal confinement and; (ii) prima facie satisfaction of Magistrate that concerned person..........
KERALA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 97, Indian Penal Code, 1860, Section 342-- Search warrant - Wrongful confinement - When custody of minor children are with their father, unless there was material to show that custody was illegal or in violation to some order passed by Court, it cannot be considered or treated as illegal confinement or wrongful custody so as to warrant..........
MADHYA PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42-- Recovery of 6.150 kg opium - Secret information recorded and reduced into writing - Since there was paucity of time PW5, who received the information had reasonably felt that if efforts are made to obtain search warrant, culprits can escape, therefore memorandum was prepared in this behalf and..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 22, 29, 42-- Recovery of 2022.20 kgs poppy pods - Appeal against acquittal - Non-compliance of S.42 of the Act - No cogent evidence given by prosecution as to when and with whom letter was forwarded to higher authority - Even, there is no evidence that resolution passed for making search of godown was..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 7.5 kg poppy husk - Recovery affected from house of accused - However, ownership of house that it was exclusively owned by accused not proved on record - More so, neither any person was associated during search nor any search warrant was taken for search of house of accused - Ration..........
CALCUTTA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 97, Hindu Minority and Guardianship Act, 1956, Section 6-- Search warrants - Custody of minor - Father forcibly removed his suckling child of 18-1/2 months from custody of his mother - Act of father of placing the child beyond the reach of mother tantamounts to confinement of child giving rise to an offence - Issuance of search warrant by Magistrate..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42-- Recovery of 1 kg poppy husk - Search & seizure - Requirement of search warrant - If recovery officer has reasonable belief that delay in obtaining search warrant will result in destruction of evidence or in giving time to accused to flee, it is not required for him to obtain a search warrant...........

Showing : 1-10 of 41 Results