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1 - 10 of 12 (0.24 seconds)Section 15 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 54 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 114 in The Indian Evidence Act, 1872 [Entire Act]
Section 35 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 8 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 42 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 20 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Avtar Singh vs State Of Punjab on 13 October, 2006
In Avtar Singh (supra), some of the occupants who were
travelling in the car on being intercepted were in a position
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to escape. In such circumstances, the prosecution was unable to
identify them during the course of investigation. This Court
observed that anyone of those who made good their escape could
be the actual custodian of the contraband seized from the
vehicle. This Court further observed that the persons who were
merely sitting on the bags, in the absence of proof of anything
more, cannot also be presumed to be in possession of the
contraband seized from the vehicle. Further, this Court held
that for failure of the Trial Court to examine the accused
under Section 313(1)(b) CrPC with respect to their possession
which is the main and foremost incriminating element to attract
the offence alleged against the accused, the prosecution could
not have claimed to have established the guilt of the accused
under Section 15 of the NDPs Act beyond the reasonable doubt.
In such circumstances, the judgment of the Trial Court
convicting the accused for the offence under Section 15 NDPS
Act was reversed by this Court.