September 2018

July 2018

Narcotics—Burden of Proof—Mere registration of a case under the Act will not ipso facto shift the burden on to the accused from the very inception. Narcotics—Case Property—Mere fact of a FSL Report being available is no confirmation either of the seizure or that what was seized was contraband, in absence of the production of the seized item in Court as an exhibit.

By | July 29th, 2018|Narcotics|

Comments Off on Narcotics—Burden of Proof—Mere registration of a case under the Act will not ipso facto shift the burden on to the accused from the very inception. Narcotics—Case Property—Mere fact of a FSL Report being available is no confirmation either of the seizure or that what was seized was contraband, in absence of the production of the seized item in Court as an exhibit.

Narcotics—Personal Search—Accused posed faith in raiding party and gave written consent for being searched by raiding party—Held; this does not satisfy the requirement of S.50 NDPS Act—Accused acquitted. Narcotics—Personal Search—Search before Magistrate or Gazetted officer is mandatory requirement and strict compliance thereof is mandated.

By | July 24th, 2018|Narcotics|

Comments Off on Narcotics—Personal Search—Accused posed faith in raiding party and gave written consent for being searched by raiding party—Held; this does not satisfy the requirement of S.50 NDPS Act—Accused acquitted. Narcotics—Personal Search—Search before Magistrate or Gazetted officer is mandatory requirement and strict compliance thereof is mandated.

April 2018

January 2018

Narcotic—Rate of Purity—Whether the actual content by weight of the narcotic drug, is relevant for the purpose of determining the quantity with reference to the quantum of punishment—Matter referred to larger bench.

By | January 14th, 2018|Narcotics|

Comments Off on Narcotic—Rate of Purity—Whether the actual content by weight of the narcotic drug, is relevant for the purpose of determining the quantity with reference to the quantum of punishment—Matter referred to larger bench.

Narcotics—Non-joining of independent witness—If an independent witness is available, and the prosecution initially seeks to rely upon him, it cannot suddenly discard the witness because it finds him inconvenient, and place reliance upon police witnesses only.

By | January 4th, 2018|Narcotics|

Comments Off on Narcotics—Non-joining of independent witness—If an independent witness is available, and the prosecution initially seeks to rely upon him, it cannot suddenly discard the witness because it finds him inconvenient, and place reliance upon police witnesses only.

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