Narcotics–Non-compliance of S. 42(2) of N.D.P.S. Act–Acquittal upheld.
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—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.
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—Fair Investigation—Informant and Investigating Officer cannot be the same person—Accused entitled to acquittal, if it is the same person.
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…
Confession—Confessional statement of a co-accused cannot by itself be taken as a substantive piece of evidence against another co-accused
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—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.
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…
“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.”
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—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.
(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—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.
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—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.
(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 – -Reduction in Sentence—Substantial sentence of 15 years was reduced to 12 years by High Court which is further reduced to 10 years keeping in view the financial and other social conditions of the convicted person.
(2018) 1 JT 188 : (2018) 1 LawHerald(SC) 40 : (2018) 1 RCR(Criminal) 482 : (2017) 6 RecentApexJudgments(RAJ) 490 SUPREME COURT OF INDIA DIVISION BENCH PRADEEP BACHHAR — Appellant Vs. STATE OF CHHATTISGARH —…