Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 1 kg poppy husk - Search & seizure - Substantial report relating to arrest and recovery was forwarded to Superior Officer as required u/s 57 of Act - There has not been any no, compliance of S.57 of Act...........
Specific Relief Act, 1963, Section 34, Indian Contract Act, 1872, Section 15, 16, 17, 18 -- Suit for declaration - Execution of sale deed through fraud, misrepresentation, coercion, undue influence and without consideration - Proof - Plea of arrest was taken by plaintiff during execution of sale deed - Absence of any record of police station to prove plaintiff's arrest -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 34 -- Anticipatory bail - Offences u/ss 498-A, 406 & 34 IPC - Settlement between parties - Parties arrived at settlement for a comprehensive settlement of an amount of Rs.6 lacs - Joint petition for divorce by mutual consent shall be filed within two weeks - Amount settled to be paid at..........
Criminal Procedure Code, 1973, Section 446, 482 -- Quashing of Order - Accused absented - Intentional or Unintentional - Accused was arrested in another theft case and was confined to jail - Circumstances were beyond the control of appellant - Appellant placed on record final report and memo of arrest which shows due to involvement of accused in theft case, he was unable..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25 -- Murder - Circumstantial evidence - FIR shows that three persons committed the murder whereas PW2, PW3 and I.O. stated that four persons committed murder - Contradictions in the statements of PWs regarding date, time and place of arrest of accused persons - Murder committed by cutting throat of deceased..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Competent authority - Power u/s 438 IPC can be exercised either by High Court or by Session Court - District Council Court is not a Session Court and it cannot exercise powers of Session Court - District Council Court therefore, has no power to entertain or grant pre-arrest bail u/s 438 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 15 kgs ganja - Non-compliance of S.50 of the Act - Recovery effected from bundle having gunny bag on the head of accused at the time of arrest - Since alleged contraband was not recovered from the personal search of accused, therefore, accused cannot get any advantage of S.50 of Act...........
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 438 -- Outraging modesty of woman - Anticipatory bail - Accused was engaged with complainant by roka ceremony and developed intimacy with her - Accused indulged in acts of outraging modesty of complainant to an extent that he made an attempt to rape her - Improbability of complainant story and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 560 kgs charas - Secret information - Non-compliance of provision of S.42(2) of Act - Search, seizure and arrest made by a Gazetted Officer and his other colleagues were officers of gazetted rank - Conviction cannot be set aside on account of failure of said officers to comply with S.42(2)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23, 20(ii)(c) -- Recovery of 560 kgs charas - Non-commercial quantity - Reduction of sentence - Prosecution failed to adduce any evidence that accused were owners of consignment of illicit charas as no attempt was made to search and arrest original owner as alleged by accused and array him as an accused -..........
