Narcotic Drugs and Psychotropic Substances Act, 1985
S.55 & 25--Conscious Possession--Acquittal--Recovery of 9 gunny bags of poppy husk--Conscious possession of appellant qua recovered poppy husk bags not established by prosecution--Appellant who would have been charged alternatively for transporting offensive goods without permit not charged under relevant section--Appellants acquitted.; Gurnam Singh & Anr. v. State of Punjab, ; 2010(1) Law Herald (P&H) 857
Showing posts with label Narcotic Drugs and Psychotropic Substances Act. Show all posts
Showing posts with label Narcotic Drugs and Psychotropic Substances Act. Show all posts
Thursday, July 1, 2010
Narcotic Drugs and Psychotropic Substances Act, 1985
Narcotic Drugs and Psychotropic Substances Act, 1985
S.55 & 25--Conscious Possession--Acquittal--Recovery of 9 gunny bags of poppy husk--Conscious possession of appellant qua recovered poppy husk bags not established by prosecution--Appellant who would have been charged alternatively for transporting offensive goods without permit not charged under relevant section--Appellants acquitted.; Gurnam Singh & Anr. v. State of Punjab, ; 2010(1) Law Herald (P&H) 857
S.55 & 25--Conscious Possession--Acquittal--Recovery of 9 gunny bags of poppy husk--Conscious possession of appellant qua recovered poppy husk bags not established by prosecution--Appellant who would have been charged alternatively for transporting offensive goods without permit not charged under relevant section--Appellants acquitted.; Gurnam Singh & Anr. v. State of Punjab, ; 2010(1) Law Herald (P&H) 857
Saturday, June 19, 2010
Narcotic Drugs and Psychotropic Substances Act, 1985
S.55 & 25--Conscious Possession--Acquittal--Recovery of 9 gunny bags of poppy husk--Conscious possession of appellant qua recovered poppy husk bags not established by prosecution--Appellant who would have been charged alternatively for transporting offensive goods without permit not charged under relevant section--Appellants acquitted.; Gurnam Singh & Anr. v. State of Punjab, ; 2010(1) Law Herald (P&H) 857
Friday, June 18, 2010
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
S.15--Contraband--Conscious Possession--Recovery of 5 bags of poppy husk each containing 30 kgs.--Place of recovery was open and accessible to all--No efforts made to ascertain ownership of place of recovery--Merely because accused was sitting on bags ipso facto would not enough to hold conscious possession over bags--Prosecution failed to establish conscious possession of appellant qua recovery of poppy husk--Accused acquitted.; Niku v. State of Punjab, ; 2010(1) Law Herald (P&H) 790
S.15--Criminal Procedure Code, 1973, S.313--Contraband--Acquittal--Recovery of 5 bags of poppy husk each containing 30 kgs.--Affidavits of carrier of sample parcels as well as MHC with whom case property was deposited was not put to accused under Section 313 Cr.P.C.--Cannot be looked into evidence against him--Link evidence is missing--Appellant acquitted.; Niku v. State of Punjab, ; 2010(1) Law Herald (P&H) 790
S.15--Criminal Procedure Code, 1973, S.313--Contraband--Acquittal--Recovery of 5 bags of poppy husk each containing 30 kgs.--Affidavits of carrier of sample parcels as well as MHC with whom case property was deposited was not put to accused under Section 313 Cr.P.C.--Cannot be looked into evidence against him--Link evidence is missing--Appellant acquitted.; Niku v. State of Punjab, ; 2010(1) Law Herald (P&H) 790
Tuesday, April 13, 2010
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
S.15 & 40--Recovery of contraband--Acquittal--Composite notice served upon all four accused--Offer not valid--Provisions of Section 50 not complied with--Appellants acquitted giving benefit of doubt.; Daljit Singh v. State of Haryana ; 2010(1) Law Herald (P&H) 637
S.15--Recovery of contraband--Acquittal--Accused found in possession of 19 kgs. and 250 gms. of poppy husk--Delay of 10 days in sending sample to Chemical Examiner--Other evidence produced by prosecution to prove complete of link evidence neither reliable nor trustworthy--Possibility of tampering with sample could not be ruled out--Conviction of accused set aside.; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.15--Recovery of contraband--Delay in sending sample--Acquittal--It is for the prosecution to prove affirmatively, that right from the date of seizure, until the sample was sent to the Chemical Examiner, it was not tampered with--If the prosecution fails to prove this factum, then its case is bound to dwindle down.; Beera Singh v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.15--Recovery of contraband--Independent witness--Acquittal--In absence of corroboration through an independent source, the evidence of the official witnesses, cannot be disbelieved and distrusted, blind-foldely, if the same is found to be creditworthy.; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.15--Recovery of contraband--Independent witness--Acquittal--When the evidence of the official witnesses, is found to be not cogent convincing, reliable and trustworthy, then on account of non-corroboration thereof, through an independent source, a doubt in cast, on the prosecution case. ; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.15--Recovery of contraband--Non-Commercial Quantity--Acquittal--Recovery of 19 kg. and 250 gms. of poppy husk constituting non-commercial quality--Contradiction in evidence of official witnesses--In absence of furnishing of any explanation case of prosecution became doubtful--Conviction set aside.; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law ; Herald (P&H) 586
S.15--Recovery of contraband--Sample--Tempering of--Acquittal--One specimen impression produced before SHO--Three seals found in existence on chit affixed on report of Chemical Examiner--Specimen impression of other seals was not produced before SHO who appeared as prosecution witness--Casts doubt on prosecution story that sample was tampered with until it reached office of Chemical Examiner--Conviction set aside.; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.25--Recovery of contraband--Punishment for allowing conveyance to be used for commission of offence--Registered owner of jeep in question has not been joined investigation--Held that it was obligatory upon investigator to have challaned registered owner.; Daljit Singh v. State of Haryana ; 2010(1) Law Herald (P&H) 637
S.15--Recovery of contraband--Acquittal--Accused found in possession of 19 kgs. and 250 gms. of poppy husk--Delay of 10 days in sending sample to Chemical Examiner--Other evidence produced by prosecution to prove complete of link evidence neither reliable nor trustworthy--Possibility of tampering with sample could not be ruled out--Conviction of accused set aside.; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.15--Recovery of contraband--Delay in sending sample--Acquittal--It is for the prosecution to prove affirmatively, that right from the date of seizure, until the sample was sent to the Chemical Examiner, it was not tampered with--If the prosecution fails to prove this factum, then its case is bound to dwindle down.; Beera Singh v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.15--Recovery of contraband--Independent witness--Acquittal--In absence of corroboration through an independent source, the evidence of the official witnesses, cannot be disbelieved and distrusted, blind-foldely, if the same is found to be creditworthy.; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.15--Recovery of contraband--Independent witness--Acquittal--When the evidence of the official witnesses, is found to be not cogent convincing, reliable and trustworthy, then on account of non-corroboration thereof, through an independent source, a doubt in cast, on the prosecution case. ; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.15--Recovery of contraband--Non-Commercial Quantity--Acquittal--Recovery of 19 kg. and 250 gms. of poppy husk constituting non-commercial quality--Contradiction in evidence of official witnesses--In absence of furnishing of any explanation case of prosecution became doubtful--Conviction set aside.; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law ; Herald (P&H) 586
S.15--Recovery of contraband--Sample--Tempering of--Acquittal--One specimen impression produced before SHO--Three seals found in existence on chit affixed on report of Chemical Examiner--Specimen impression of other seals was not produced before SHO who appeared as prosecution witness--Casts doubt on prosecution story that sample was tampered with until it reached office of Chemical Examiner--Conviction set aside.; Beera Singh & Ors. v. State of Punjab ; 2010(1) Law Herald (P&H) 586
S.25--Recovery of contraband--Punishment for allowing conveyance to be used for commission of offence--Registered owner of jeep in question has not been joined investigation--Held that it was obligatory upon investigator to have challaned registered owner.; Daljit Singh v. State of Haryana ; 2010(1) Law Herald (P&H) 637
Thursday, March 11, 2010
Merely sitting on bags of poppy husk would not amount to conscious possession
2010(1) LAW HERALD (P&H) 230 (DB)
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice Mehtab S.Gill
The Hon’ble Mr. Justice Ram Chand Gupta
Criminal Appeal No.285-DB of 2001
Amrik Singh
v.
State of Punjab
{Decided on 22/10/2009}
For the Appellant: Mr. A.P.S.S. Deol, Sr. Advocate with Ms. Manpreet Kaur, Advocate.
For the Respondent: Ms. Gurvin Kaur, Additional A.G. Punjab.
IMPORTANT POINT
Contraband--Conscious possession--Acquittal--Merely sitting on bags of poppy husk would not amount to conscious possession if residence or place from where recovery is made is not in ownership of accused.
(A) Narcotic Drugs and Psychotropic Substances Act, 1985, S.15 & 42(d)--Recovery of contraband--Search and seizure--Acquittal--Recovery of contraband on receiving secret information--Raid conducted in brick kiln at night time--Though there was no need for Officer to obtain search warrant but it was incumbent upon him to put this belief as to why he cannot obtain warrant in writing--There is no document on record regarding compliance of Section 42(d) of the Act--D.S.P. (Gazetted Officer) did not put his seal on alleged contraband seized--Log Book of his official jeep shows that he did not go to place of occurrence and all paper work was done in his office--Sole independent witness declared hostile--Special report not sent to superior officer--Appellant acquitted. (P.12, 15, 16 & 17)
(B) Narcotic Drugs and Psychotropic Substances Act, 1985, S.15--Recovery of contraband--Conscious possession--Acquittal--Merely sitting on bags of poppy husk would not amount to conscious possession if residence or place from where recovery is made is not in ownership of accused--Appellant acquitted. (P.13)
IN THE HIGH COURT OF PUNJAB AND HARYANA
(DIVISION BENCH)
Before
The Hon’ble Mr. Justice Mehtab S.Gill
The Hon’ble Mr. Justice Ram Chand Gupta
Criminal Appeal No.285-DB of 2001
Amrik Singh
v.
State of Punjab
{Decided on 22/10/2009}
For the Appellant: Mr. A.P.S.S. Deol, Sr. Advocate with Ms. Manpreet Kaur, Advocate.
For the Respondent: Ms. Gurvin Kaur, Additional A.G. Punjab.
IMPORTANT POINT
Contraband--Conscious possession--Acquittal--Merely sitting on bags of poppy husk would not amount to conscious possession if residence or place from where recovery is made is not in ownership of accused.
(A) Narcotic Drugs and Psychotropic Substances Act, 1985, S.15 & 42(d)--Recovery of contraband--Search and seizure--Acquittal--Recovery of contraband on receiving secret information--Raid conducted in brick kiln at night time--Though there was no need for Officer to obtain search warrant but it was incumbent upon him to put this belief as to why he cannot obtain warrant in writing--There is no document on record regarding compliance of Section 42(d) of the Act--D.S.P. (Gazetted Officer) did not put his seal on alleged contraband seized--Log Book of his official jeep shows that he did not go to place of occurrence and all paper work was done in his office--Sole independent witness declared hostile--Special report not sent to superior officer--Appellant acquitted. (P.12, 15, 16 & 17)
(B) Narcotic Drugs and Psychotropic Substances Act, 1985, S.15--Recovery of contraband--Conscious possession--Acquittal--Merely sitting on bags of poppy husk would not amount to conscious possession if residence or place from where recovery is made is not in ownership of accused--Appellant acquitted. (P.13)
Wednesday, March 10, 2010
Bail--Grant of--Recovery of 3 kg of commercial quantity of contraband (opium)
2010(1) LAW HERALD (P&H) 212
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Criminal Misc. No. M-19605 of 2009
Tasbir Singh @ Sabu @ Pardhan & Ors.
v.
State of Punjab
{Decided on 03/08/2009}
For the Petitioner: Mr. Kamaljit Singh Sidhu, Advocate.
For the Respondent – State: Mr. P.S. Bajwa, DAG, Punjab.
Criminal Procedure Code, 1973, S.439--Narcotic Drugs and Psychotropic Substances Act, 1985, S.18, 29, 42 & 43--Bail--Grant of--Recovery of 3 kg of commercial quantity of contraband (opium) from possession of accused-petitioner without any permit and licence--Delay in sending the sample in itself, is not sufficient to doubt the case of the prosecution--There is no provision in the Act, or the Rules, framed thereunder, that the seal after use should be given by Investigating Officer or the DSP to a third person--Since the alleged recovery was effected from accused-petitioner from a public place, the provisions of S.42 of the act were not applicable on the other hand, provisions of S.43 were applicable--There is, therefore, no changed circumstances for grant of able of accused petitioner on merits--No doubt, there is some lapse on part of prosecution in producing evidence, however, the prosecution can be directed to conclude the evidence expeditiously--Held, Accused-petitioner is thus, not entitled to grant of bail. (P.5)
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Criminal Misc. No. M-19605 of 2009
Tasbir Singh @ Sabu @ Pardhan & Ors.
v.
State of Punjab
{Decided on 03/08/2009}
For the Petitioner: Mr. Kamaljit Singh Sidhu, Advocate.
For the Respondent – State: Mr. P.S. Bajwa, DAG, Punjab.
Criminal Procedure Code, 1973, S.439--Narcotic Drugs and Psychotropic Substances Act, 1985, S.18, 29, 42 & 43--Bail--Grant of--Recovery of 3 kg of commercial quantity of contraband (opium) from possession of accused-petitioner without any permit and licence--Delay in sending the sample in itself, is not sufficient to doubt the case of the prosecution--There is no provision in the Act, or the Rules, framed thereunder, that the seal after use should be given by Investigating Officer or the DSP to a third person--Since the alleged recovery was effected from accused-petitioner from a public place, the provisions of S.42 of the act were not applicable on the other hand, provisions of S.43 were applicable--There is, therefore, no changed circumstances for grant of able of accused petitioner on merits--No doubt, there is some lapse on part of prosecution in producing evidence, however, the prosecution can be directed to conclude the evidence expeditiously--Held, Accused-petitioner is thus, not entitled to grant of bail. (P.5)
Subscribe to:
Posts (Atom)