Showing : 81-90 of 1945 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), Criminal Procedure Code, 1973, Section 313-- Recovery of 43 kg 500 gms ganja - Statement of accused - Evidence recorded in vernacular i.e in Marathi language, unknown to accused - No material on record that questions were put to accused in Hindi - Accused thus, have not understood questions put to them u/s 313 Cr.P.C and same has been..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Contraband - Non-joining of independent witness - Recovery effected from public place - Police party thus, had ample opportunity to associate an independent witness but it failed to do so - Non-joining of independent witnesses thus, fatal to prosecution case, particularly when testimonies of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Contraband - Contradictions in testimony of official witnesses - Complainant himself assumed role of investigator as such there is every likelihood of causing serious prejudice to accused - Independent witness not joined by prosecution - Credence in defence version to limited extent that there was..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 20(c)-- Territorial jurisdiction - Suit for declaration - Suit filed by plaintiff is a derivative action on behalf of defendant No.2 which is a company incorporated in Dubai - Plaintiffs were also resident nationals of Dubai - Merely because dispute is about those shares which are issued by Indian Company..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i), 20(b)(ii)-- Recovery of 2 kg ganja - Wrong framing of charge - Trial Court framed charge u/s 20(b)(i) of the Act instead of S.20(b)(ii) of the Act - However, accused was made aware of nature and extent of accusation against him - Moreover, no prejudice is caused to accused or any failure of justice occasioned..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)-- Recovery of 2 kg ganja - Search and seizure - Mere production of sample ganja packet is not sufficient - It is duty of prosecution to adduce cogent evidence relating to actual quantity of ganja seized from possession of accused - However, evidence of informant is totally silent about bulk quantity..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)-- Recovery of 2 kg ganja - Search and seizure - Personal seal was not produced in Court - Evidence of PW13 is completely silent as to whom his personal seal was handed over - Zimanama of personal seal not proved during trial - Even personal seal was not produced in Court - Handing over brass seal to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Bail - Recovery of intoxicant powder - Search was not conducted in presence of either Gazetted Officer or Magistrate - No independent officer was joined at the time of alleged recovery - Alleged intoxicating powder which was recovered from petitioner, as per FSL report declared as manufactured..........
GUJARAT HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(2)(B), 20(b)(2)(C)-- Recovery of 11.750 kg ganja and 2.175 kg charas - Quantum of sentence - Quantity of ganja is below commercial quantity but quantity of charas is above commercial quantity - Therefore, in view of S.20(B)(C) of the Act, as there is commercial quantity, accused rightly sentenced for R.I of 10 years..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 1 kg 700 gms charas - Independent witnesses not joined by police despite availability of same, as place of occurrence was National Highway - Sequence of events creates doubt and suspicion on prosecution story with regard to recovery - No daily diary report with respect to fact that on..........

Showing : 81-90 of 1945 Results