Narcotics Archives - Page 5 of 7 - Supreme Court of India Judgements

Narcotics—Sentence more than minimum—Trial Court can take into consideration any other relevant factor apart from factors mentioned in S.32-B Clauses (a) to (f)—Quantity of substance with which an accused is charged is a relevant factor

Jul 6, 2019 sclaw

2019(2) Law Herald (SC) 1650 : 2019 LawHerald.Org 1019 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice AshokBhushan Hon’ble Mr. Justice K.M. Joseph Criminal Appeal No.567 of 2019…

Narcotics

Contraband–Recovery was effected on basis of information received by Police Officer in course of investigation of other offence–Provisions of Section 42 of N.D.P.S. Act will not apply

Mar 11, 2019 sclaw

2009(1) LAW HERALD (SC) 557 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 164…

Narcotics

Narcotics—Recovery of bulk of manufactured drugs without any valid authorization—Accused to be tried under NDPS Act and not under Drugs and Cosmetics Act merely because recovered substance was “manufactured drugs”

Feb 17, 2019 sclaw

2018(4) Law Herald (SC) 3220 : 2018 LawHerald.Org 1933 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice N. V. Rarnana Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble…

Narcotics

A proper administration of the criminal justice delivery system, therefore requires balancing the rights of the accused and the prosecution, so that the law laid down in Mohan Lal AIR 2018 SC 3853. is not allowed to become a spring board for acquittal in prosecutions prior to the same, irrespective of all other considerations. We therefore hold that all pending criminal prosecutions, trials and appeals prior to the law laid down in Mohan Lal AIR 2018 SC 3853. shall continue to be governed by the individual facts of the case

Feb 13, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH VARINDER KUMAR — Appellant Vs. STATE OF HIMACHAL PRADESH — Respondent ( Before : Ranjan Gogoi, CJI, Navin Sinha and K.M. Joseph, JJ. )…

Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985, S.42–Secret Infor mation-Law summed up-An empowered officer under Section 42(1) is obli gated to reduce to writing the information received by him, only when an of fence punishable under the Act has been committed in any building, convey ance or an enclosed place, or when a document or an article is concealed in a building, conveyance or an enclosed place. Compliance with Section 42, in cluding recording of information received by the empowered officer, is not mandatory

Dec 28, 2018 sclaw

2018(4) Law Herald (SC) 3246 : 2018 LawHerald.org 1783 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mrs.…

Narcotics

Narcotics–Non-compliance of S. 42(2) of N.D.P.S. Act–Acquittal upheld.

Nov 28, 2018 sclaw

2010(1) LAW HERALD (SC) 557 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice Asok Kumar Ganguly Criminal Appeal No. 957 of…

Narcotics

Narcotics—Case Property—Proof of production—Mere oral evidence of official witnesses to establish seizure of contraband substances from the accused is not sufficient for conviction.

Oct 16, 2018 sclaw

2018(3) Law Herald (SC) 2093 : 2018 LawHerald.Org 1436 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogoi Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice Navin…

Narcotics

Narcotics—Fair Investigation—Informant and Investigating Officer cannot be the same person—Accused entitled to acquittal, if it is the same person.

Oct 14, 2018 sclaw

2018(3) Law Herald (SC) 2081 : 2018 LawHerald.Oorg 1438 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ranjan Gogol Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice Navin…

Narcotics

Confession—Confessional statement of a co-accused cannot by itself be taken as a substantive piece of evidence against another co-accused

Oct 2, 2018 sclaw

2018(3) Law Herald (SC) 1958 : 2018 LawHerald.Org 1410 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Uday Umesh Lalit Criminal Appeal…

Narcotics

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.

Sep 13, 2018 sclaw

2018(2) Law Herald (P&H) 1617 (SC) : 2018 LawHerald.Org 925 SUPREME COURT OF INDIA DIVISION BENCH ARIF KHAN @ AGHA KHAN — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : R.K. Agrawal…

Narcotics—Sentence more than minimum—Trial Court can take into consideration any other relevant factor apart from factors mentioned in S.32-B Clauses (a) to (f)—Quantity of substance with which an accused is charged is a relevant factor

Contraband–Recovery was effected on basis of information received by Police Officer in course of investigation of other offence–Provisions of Section 42 of N.D.P.S. Act will not apply

Narcotics—Recovery of bulk of manufactured drugs without any valid authorization—Accused to be tried under NDPS Act and not under Drugs and Cosmetics Act merely because recovered substance was “manufactured drugs”

Narcotics–Non-compliance of S. 42(2) of N.D.P.S. Act–Acquittal upheld.

Narcotics—Case Property—Proof of production—Mere oral evidence of official witnesses to establish seizure of contraband substances from the accused is not sufficient for conviction.

Narcotics—Fair Investigation—Informant and Investigating Officer cannot be the same person—Accused entitled to acquittal, if it is the same person.

Confession—Confessional statement of a co-accused cannot by itself be taken as a substantive piece of evidence against another co-accused

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Supreme Court of India Judgements

Category: Narcotics

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