Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 23 -- Recovery of contraband - Case property - Duty of prosecution - Held, in case of recovery of narcotic drug it is paramount duty of prosecution to prove beyond reasonable doubt that case property allegedly recovered from accused was kept in safe custody and no tampering was done therewith - Where case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Seal after use - No mandate to hand over the same to an independent witness...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Delay of six days in sending sample for analysis - As per FSL report seals on parcels found intact and tallied with specimen seal impressions - Possibility of tampering is excluded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Conscious possession - Recovery of 1000 gms. heroin from a polythene bag carried by accused in a vehicle - Accused sitting on adjoining seat of vehicle - Once possession is established, the person who claims that it was not conscious, has to establish it - S.35 of the Act gives a statutory recognition..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Contraband - Non joining of independent witnesses - Prosecution case cannot be doubted merely on the ground that independent witness was not joined...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Contraband - Police witnesses - Accused can be convicted on the basis of evidence of police officers - Statement of police officials has to be weighed in the same scales as of other witnesses with the distinction that statement of police officials has to be scrutinized with due care and caution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Contraband - Raiding party posted in Amritsar and recovery made at Jalandhar - PW6, Inspector categorically stated that there was secret information with regard to smuggling of heroin and therefore accused were apprehended at Jalandhar sitting in vehicle - Contention repelled - Conviction upheld...........
Civil Procedure Code, 1908, Order 21, Rule 90(2) -- Sale - Irregularity in sale - Setting aside of - Held, person not having saleable interest in property cannot raise question as to irregularities in sale U.O.21.R.90(2) CPC - It can be raised only by person who has got actual interest in property...........
Haryana Canal and Drainage Act, 1974, Section 17, 18, 19, 20, 21, 22, 23, 24, 25 -- Permanent injunction - Jurisdiction of Civil Court - Plaintiff approached Civil Court only for restraining defendant Nos.1 and 2 from closing or removing any pipe of outlet - He has not challenged any order passed u/s.18(2) of the Act - Held, S.25 of the Act is not attracted which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 42 -- Recovery of contraband - Prior information in writing - Information in writing received by Inspector from Intelligence Officer - Held, question of compliance of S.42 of the Act does not apply in present case...........
