Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 100 -- Contraband - Recovery - Non joining of independent witness - At the time of apprehension of accused no public witness came to the spot - Evidence of official witnesses cannot be distrusted and disbelieved, merely on account of their..........
Criminal Procedure Code, 1973, Section 457 -- Rice - Release on superdari - Seizure of 150 bags of rice - Petitioner claiming to be owner of bags - Case of respondent that rice belongs to Antyodya scheme and was meant for public distribution - Held, in these circumstances it is necessary to decide to whom the rice belongs and further whether any confiscation order has been..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Supardari - Seizure of scooter with contraband - Confiscation proceedings not started - Scooter lying in malkhana for over a period of six months and it will get damaged if it is lying unattended - Petitioner can be asked to give an undertaking to keep the..........
Criminal Procedure Code, 1973, Section 102, 104 -- Seizure and impounding - Seizure is made when a authority takes into its possession some property which was earlier not in his possession - If after seizure the said property is retained for some period of time then such a retention amounts to impounding of property/or document...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43, Criminal Procedure Code, 1973, Section 165 -- Contraband - Search and seizure - Secret information - Not only provisions of S.165 of Cr.P.C. are attracted in the matter of search and seizure but the same must comply with the right of accused to be informed about the requirement to comply with the..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Conviction u/s 18 NDPS Act - Appeal against - Suspension of sentence during pendency of appeal - Search and seizure made by person not authorised - Rival submissions considered - Sentence suspended during pendency of appeal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 42, 58, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Contraband recovered on search of house between sunset and sunrise - Accused not present - None of the occupants arrested - Police not obtained search warrant - It indicates that search and seizure was not on basis of any information..........
Criminal Procedure Code, 1973, Section 156 -- Bank account - Seizure - Violation - Criminal Procedure Code is comprehensive and encompasses all possible remedies for violation of any provision enshrined therein - If petitioner is able to substantiate that the seizure of the bank accounts etc. is not tenable then he may take recourse to the statutory remedy before the..........
Criminal Procedure Code, 1973, Section 102, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Seizure of property during investigation - Not mandatory to produce property before Magistrate - Provision of S.102 Cr.P.C. is directory and not mandatory...........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Procedure Code, 1973, Section 102, 457, 452 -- Seizure of Bank Account and FDR's during investigation - Police has power to seize property which includes Bank Account and FDR's - Accused can seek the release of seized property u/s 457 Cr.P.C...........
