Acquittal Narcotics NDPS – Acquittal – Secret information not reduced into writing and not sent to the police station or higher authority — Evidence clearly shows that the vehicle was not a public conveyance — Explanation appended to Section 43 of the Act clearly shows that a private vehicle would not come within the expression ‘public place’ January 24, 2023January 24, 2023 phlaw
Acquittal Narcotics DB – NDPS case — Statement of co-accused — Statement of co-accused is an inadmissible piece of evidence and similarly statement of accused-respondent recorded u/s 67 of the NDPS Act, cannot be used as a confessional statement – the tower location of the accused/respondent at Ratlam in M.P. it is not proved that he had delivered poppy husk in question to the co-accused for transporting the same at Chandigarh – Acuqittal January 12, 2023 phlaw
Bail Granted Narcotics HELD report of FSL goes to the root of the case and is a material document and as such, filing of challan without the same is not to be treated as complete challan – Impugned order rejecting default bail to the petitioner set aside and the petitioner ordered to be released on default bail September 5, 2022 phlaw
Acquittal Narcotics (NDPS) – Section 54 of the Act raises a presumption and the burden shifts on the accused to explain as to how he came into possession of the contraband – But to raise the presumption under Section 54 of the Act, it must first be established that a recovery was made from the accused. August 31, 2022 phlaw
Narcotics Possession of the commercial quantity of illegal ‘Ganja’(Cannabis) – Reduction of sentence- Considering the old age of the accused appellant, who is a poor illiterate lady completely unaware of the consequences, it is appropriate to reduce the sentence. August 16, 2022 phlaw
Narcotics Narcotics—Seal Impressions—Order of Judicial Magistrate and report of Chemical Examiner does not mention about seal impression by SHO on case property—Link evidence missing—Accused acquitted October 25, 2020 phlaw
Narcotics [DIVISION BENCH] Narcotics—Personal Search—Illegal Offer—Where in response to even illegal offer, accused claims that he must be searched by a Gazetted Officer and Gazetted Officer is called, then illegality of the offer would pale into insignificance February 10, 2020 phlaw
Narcotics [DIVISION BENCH] Narcotics—Chance Recovery—Identification of accused who had fled from spot—Police Officer failed to establish, how does he priorly knew the accused—Acquittal January 31, 2020 phlaw
Narcotics Non Sending Of Report U/s 57 NDPS Act Within 48 Hours Of Arrest Of Accused Will Not Vitiate Entire Proceedings: SC January 28, 2020 phlaw
Narcotics Narcotics—Delay in Trial—Non-appearance of prosecution witnesses (police officials) on about 16 dates—Directions issued to take all said police officials into custody and shall be kept in jail, till completion their examination and cross-examination January 26, 2020 phlaw
