Supreme Court of India Judgements

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Category: Narcotics

Narcotics

“It is therefore held that a fair investigation, which is but the very foundation of fair trial, necessarily postulates that the informant and the investigator must not be the same person. Justice must not only be done, but must appear to be done also.”

Aug 18, 2018 sclaw

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION HEAD NOTE: The Court also noted that in a case like this with a reverse burden of proof, if the informant police official is himself carrying out…

Narcotics

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.

Jul 29, 2018 sclaw

(2018) 1 AllCrlRulings 14 : (2018) 2 JT 102 : (2018) 1 KerLJ 101 : (2017) 4 LawHerald(SC) 2947 : (2018) 1 RCR(Criminal) 108 : (2017) 6 RecentApexJudgments(RAJ) 339 : (2017) 14 Scale 90…

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 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.

Jul 24, 2018 sclaw

  2018(2) Law Herald (SC) 465 : 2018 LawHerald.Org 925  SUPREME COURT OF INDIA DIVISION BENCH ARIF KHAN @ AGHA KHAN — Appellant Vs. STATE OF UTTARAKHAND — Respondent ( Before : R.K. Agrawal and…

Narcotics

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.

Jun 14, 2018 sclaw

(2018) 1 AllCrlRulings 14 : (2018) 2 JT 102 : (2018) 1 KerLJ 101 : (2017) 4 LawHerald(SC) 2947 : (2018) 1 RCR(Criminal) 108 : (2017) 6 RecentApexJudgments(RAJ) 339 : (2017) 14 Scale 90…

Narcotics

Two conditions are to be mandatorily satisfied in addition to the normal requirements under the provisions of the Cr.P.C. or any other enactment–The court must be satisfied that there are reasonable ground for believing that the person is not guilty of such offence; (2) that person is not likely to commit any offence while on bail

Mar 28, 2018 sclaw

(2017) 101 ACrC 357 : (2017) 178 AIC 113 : (2017) 4 AICLR 775 : (2017) AIR(SCW) 3932 : (2017) AIR(SC) 3932 : (2017) AllSCR(Crl) 1382 : (2017) 3 ApexCourtJudgments(SC)…

Narcotics

Narcotics—Conscious Possession—Presumption against the accused of culpability are rebuttable—It does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt. 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.

Oct 8, 2017 sclaw

2017(2) Law Herald (SC) 1592 : 2017 LawHerald.org 1140 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Navin Sinha Criminal Appeal No. 1053 of 2016 Naresh Kumar Alias…

Narcotics

Contraband–Secret Information–Fax message–The contents of a document could be held to have been proved in terms of section 66 only when the contents are decipherable and not otherwise. Contraband–Secret information–An officer who received such information was bound to reduce the same in writing and not for the person who hears thereabout.

Sep 9, 2017 sclaw

  2007(5) LAW HERALD (SC) 3847 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 311…

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