Appeal pertains to a challenge against the confirmation of conviction under the NDPS Act by the Hon’ble High Court. The case was based on secret information and a secret informer. The appellant was charged, tried, and convicted, and their appeal was rejected by the High Court. During the search and seizure procedure, an independent panch witness was associated because the…
Challenge - Conviction under NDPS Act - Brief Facts - Arrest and interrogation on the spot - Recovered contraband is Ganja - Trial court convicted - High court upheld the conviction – Analysis: Recovery of narcotics from vehicle stopped during transit - Independent panch witnesses not examined - No witnesses or documents to prove the safe keeping of samples -…
FACTS 3. On the basis of the information received by the Intelligence Officer of Narcotics Control Bureau, a lorry parked near Puzhal Central Jail, Chennai, was intercepted by NCB on 28.03.2000 early in the morning. Four persons were found in the lorry and upon search, they were found in possession of commercial quantity i.e. 20 […]
The appellant stood charged and convicted under Section 8(b) read with Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the NDPS Act”). The Additional Sessions Judge, Special Court NDPS, Jaora, District Ratlam, Madhya Pradesh, convicted the appellant and sentenced him to undergo rigorous imprisonment for 10 years. It […]
AS PER SECTION 53, OFFICERS UNDER NDPS ACT CONFESSION GIVEN BY ACCUSED 10. Though the two independent witnesses were not examined before the Court, their statements were marked as Exhibits P19 and P71. A perusal of the impugned judgment of the High Court shows that it was held that the conditions prescribed by Section 53A […]
DRIVER AND CLEANER RAN AWAY 9. On the facts of the case in hand, it is evident that FIR No.68 dated 16.05.2000 was registered on a complaint by Sub Inspector Ram Mehar (PW-8) who was on a petrol duty when it was found the truck no. PAT/2029 was lying turtle and bags of powder scattered. […]
14. This apart, it is noticed that the High Court, in passing the impugned order of bail, had lost sight of Section 37 of the NDPS Act, which, inter alia, provides that no person accused of an offence involving commercial quantity shall be released on bail unless the twin conditions laid down therein are satisfied, […]
Further, the Hon’ble Apex court in the case of “Tofan Singh Versus State of Tamil Nadu reported in (2021) 4 SCC 1” had held that ‘the powers conferred on officers empowered under Section 53 of NDPS Act are such that they meet the test of being police officers for the purpose of Section 25 of the […]
Monthly Digest case laws of MARCH' 2024.
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7. It seen that the prosecution has not examined any independent witness. All the witnesses referred to above are…
(h) One of the accused by name Tintu Abraham filed Crl.M.C.No.637 of 2012 before the Kerala High Court to…
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