October 2019

Narcotics—Search and Seizure—CFSL Form 29—No record on judicial file indicating that three copies of CFSL form and three sample seal chits were prepared at the spot—All the columns should be filled up and seals of impressions should be on form itself and the pasting of the same later on is deprecated—Accused acquitted. Narcotics—Case Property–Non deposit in Malkhana as per rules-Non- compliance of such rules casts doubt whether it is the same case property which was recovered from the accused and sent to FSL or it was case property of some other case—Thus entitles the accused for acquittal

By | October 2nd, 2019|Narcotics|

Comments Off on Narcotics—Search and Seizure—CFSL Form 29—No record on judicial file indicating that three copies of CFSL form and three sample seal chits were prepared at the spot—All the columns should be filled up and seals of impressions should be on form itself and the pasting of the same later on is deprecated—Accused acquitted. Narcotics—Case Property–Non deposit in Malkhana as per rules-Non- compliance of such rules casts doubt whether it is the same case property which was recovered from the accused and sent to FSL or it was case property of some other case—Thus entitles the accused for acquittal

September 2019

August 2019

July 2019

June 2019

Narcotics—Personal Search—Consent given by accused to Investigating Officer for being searched by him is invalid—Accused acquitted

By | June 27th, 2019|Acquittal, Narcotics|

Comments Off on Narcotics—Personal Search—Consent given by accused to Investigating Officer for being searched by him is invalid—Accused acquitted

Narcotics—Directions issued to register cases under Money Laundering Act> against all the convicts, who are convicted under NDPS Act, throughout the State of Punjab within a period of three months from today to curb the illegal transportation of narcotic drugs and psychotropic substances and also to prevent money laundering. Narcotics—Directions issued to register case under S.27-A NDPS Act who are involved in financing, directly or indirectly in any of the activities specified under the Act or harbours any person engaged in any of the activities as per the Act, to reduce the menace of drugs abuse in the society, immediately Narcotics—To eradicate the menace of drugs in State of Punjab, certain mandatory directions issued and also directed to strictly enforce Section 71 of the NDPS Act

By | June 12th, 2019|Narcotics|

Comments Off on Narcotics—Directions issued to register cases under Money Laundering Act> against all the convicts, who are convicted under NDPS Act, throughout the State of Punjab within a period of three months from today to curb the illegal transportation of narcotic drugs and psychotropic substances and also to prevent money laundering. Narcotics—Directions issued to register case under S.27-A NDPS Act who are involved in financing, directly or indirectly in any of the activities specified under the Act or harbours any person engaged in any of the activities as per the Act, to reduce the menace of drugs abuse in the society, immediately Narcotics—To eradicate the menace of drugs in State of Punjab, certain mandatory directions issued and also directed to strictly enforce Section 71 of the NDPS Act

May 2019

September 2018

Narcotic Drugs and Psychotropic Substances Act, 1985, S.18–Non Commercial quantity-Reduction in Sentence-Petitioner was sentenced to two year-­Reduced to 8 months and 15 days already undergone- Held; (i) During bail appellant has not repeated the offence and was not previous convict and has shown improvement in his character. (ii) Son of appellant is 100% blind and is wholly dependent on him as wife of appellant has already died. (iii) Appellant is only bread earner of family and working as a labourer in private factory-Criminal Procedure Code, 1973,8.482. 

By | September 28th, 2018|Narcotics|

Comments Off on Narcotic Drugs and Psychotropic Substances Act, 1985, S.18–Non Commercial quantity-Reduction in Sentence-Petitioner was sentenced to two year-­Reduced to 8 months and 15 days already undergone- Held; (i) During bail appellant has not repeated the offence and was not previous convict and has shown improvement in his character. (ii) Son of appellant is 100% blind and is wholly dependent on him as wife of appellant has already died. (iii) Appellant is only bread earner of family and working as a labourer in private factory-Criminal Procedure Code, 1973,8.482. 

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 ofS.50 NDPS Act—Accused acquitted. Narcotics–Personal Search—Search before Magistrate or Gazetted officer is mandatory requirement and strict compliance thereof is mandated.

By | September 13th, 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 ofS.50 NDPS Act—Accused acquitted. Narcotics–Personal Search—Search before Magistrate or Gazetted officer is mandatory requirement and strict compliance thereof is mandated.

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