September 2017

August 2017

July 2017

Narcotic Drugs and Psychotropic Substances Act, 1985, S.35 & S.34–Conscious Possession-Burden of Proof-Thus, in view of the aforesaid ratio of law once the possession is established, it is for the accused to show as to how they came to be in possession of the contraband as this fact is specially within their knowledge

By | July 16th, 2017|Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.35 & S.34–Conscious Possession-Burden of Proof-Thus, in view of the aforesaid ratio of law once the possession is established, it is for the accused to show as to how they came to be in possession of the contraband as this fact is specially within their knowledge

Narcotic Drugs and Psychotropic Substances Act, 1985, S.52 & S.57–Search and Seizure—Report to superior—Provisions of S.52 of the Act are Directory and violation thereof would not ispo facto vitiate the trial or conviction

By | July 16th, 2017|Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.52 & S.57–Search and Seizure—Report to superior—Provisions of S.52 of the Act are Directory and violation thereof would not ispo facto vitiate the trial or conviction

June 2017

Narcotic Drugs and Psychotropic Substances Act, 1985, S.20—Recovery of Contraband-Delay in sending samples to FSL as well as special report to Area Magistrate-No explanation has been given by prosecution-Person who delivered the special report was not examined-Makes prosecution case doubtful

By | June 28th, 2017|Acquittal, Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.20—Recovery of Contraband-Delay in sending samples to FSL as well as special report to Area Magistrate-No explanation has been given by prosecution-Person who delivered the special report was not examined-Makes prosecution case doubtful

Criminal Procedure Code, 1973, S.313-Statement of Accused-Conscious Possession-20 bags of poppy husk recovered from jeep in which accused were traveling-Mere omission of word “conscious possession” in the statement of the appellants recorded under Section 313 Cr.P.C. has not resulted in any prejudice to the appellants

By | June 18th, 2017|Narcotics|

Comments Off on Criminal Procedure Code, 1973, S.313-Statement of Accused-Conscious Possession-20 bags of poppy husk recovered from jeep in which accused were traveling-Mere omission of word “conscious possession” in the statement of the appellants recorded under Section 313 Cr.P.C. has not resulted in any prejudice to the appellants

Narcotic Drugs and Psychotropic Substances Act, 1985, S.15—Conscious Possession-Recovery of 25 bags of poppy husk 40 kgs each from a truck-Only the accused-appellants were present in the truck—Word “conscious” is a state of mind, it is a deliberately or intended and means awareness about a particular fact

By | June 17th, 2017|Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.15—Conscious Possession-Recovery of 25 bags of poppy husk 40 kgs each from a truck-Only the accused-appellants were present in the truck—Word “conscious” is a state of mind, it is a deliberately or intended and means awareness about a particular fact

May 2017

March 2017

February 2017

January 2017

October 2016

Narcotic Drugs and Psychotropic Substances Act. 1985 — S.15- Identity of Accused-Police Officer identified appellant as one of the two persons who were sitting on gunny bags of poppy husk loaded in Tractor-Trolley

By | October 19th, 2016|Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act. 1985 — S.15- Identity of Accused-Police Officer identified appellant as one of the two persons who were sitting on gunny bags of poppy husk loaded in Tractor-Trolley