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1 - 10 of 11 (0.24 seconds)Section 15 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
The Code of Criminal Procedure, 1973
Joginder Pal @ Gola Son Of Sh. Jit Ram vs State Of Punjab on 18 February, 2010
is involved, was aware of the fact that the said conveyance
was being used, for the commission of an offence under the
Act. The insertion of word 'knowingly' has, thus, been
intentionally used by the Legislature. The prosecution failed
to prove the ingredients aforesaid, essentially required for
the commission of offence under Section 25 of the Act.
Under these circumstances, presumption under Sections 54
and 60(3) of the Act, could not be invoked. In the instant
case, as stated above, since the prosecution miserably failed
to prove that the accused knowingly permitted the use of the
vehicle, for the commission of an offence, under the Act, the
mere fact that he was the owner of the same, without
anything else, could not be sufficient to convict him, for the
offence, under Section 25 of the Act. The trial Court was
wrong, in recording conviction, and awarding sentence to
the accused. Similar principle of law, laid down in Ram
Pal's case (supra). Accordingly, the judgment of conviction
and the order of sentence rendered by the trial Court, being
perverse, are liable to be set aside.
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 460 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 461 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 464 in The Code of Criminal Procedure, 1973 [Entire Act]
The Narcotic Drugs And Psychotropic Substances Act, 1985
Nanak Chand vs The State Of Punjab on 25 January, 1955
Sections 535 and 537 of the Code of Criminal Procedure,
1898 (now Sections 460 and 461 of the Code of Criminal
Procedure, 1973). The ratio of law, laid down, in Nanak
Chand's case (supra) is fully applicable to this case. The trial
Court failed to take into consideration, this aspect of the
matter, as a result whereof, it fell into a grave error, in
recording conviction, and awarding sentence to the accused.