Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized for transporting 38 kgs poppy straw - Charge sheet already filed - More than 8 months have passed since seizure of vehicle - It is thus not appropriate to keep the vehicle idle for indefinite period - Nothing on..........
Criminal Procedure Code, 1973, Section 102 -- Seizure/attachment of immovable property - Power of police u/s 102 Cr.P.C. - Where I.O. has reasonable material to belief that immoveable property is acquired from ill-gotten money and said property is required to be saved/protected from being alienated during pendency of case, he is at liberty to take appropriate steps in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Recovery of 18 gunny bags of poppy straw - Search and seizure proceedings were conducted by Sub-Inspector, who was not SHO of concerned police station, in clear negation of S.42 of NDPS Act - Third option given u/s 50 of NDPS Act,..........
Criminal Procedure Code, 1973, Section 102 -- Seizure of bank account by I.O - Prior notice to account holder before seizure of his bank account - Not mandatory as per S.102 Cr.P.C...........
Criminal Procedure Code, 1973, Section 102 -- Seizure of bank account by I.O - There is no room to countenance challenge to action of seizure of bank account of any person which may be found under circumstances creating suspicion of commission of any offence...........
Criminal Procedure Code, 1973, Section 102, Indian Penal Code, 1860, Section 406, 420, 120B, Information Technology Act, 2000, Section 72A -- Seizure of bank account by I.O - Offence u/ss 406, 420, 120-B and S.72-A of I.T. Act - Two trusts run by accused were actively involved in collecting huge funds as donation in name of providing legal assistance to Gujarat Riots..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, Criminal Procedure Code, 1973, Section 169 -- Negative final report - Trial Court rejecting it and taking cognizance - Recovery of opium - Admittedly, before proceeding for raid, seizure officer did not collect any evidence to give reasonable suspicion that petitioner has dominion over place where..........
Forest Act, 1927, Section 52, 52A, 52C, 54, Criminal Procedure Code, 1973, Section 482 -- Forest produce - Illegal transportation - Seizure of vehicle - Release of vehicle - Jurisdiction of Court u/s 482 Cr.P.C. - Court cannot order release of vehicle in exercise of power u/s 482 Cr.P.C. as once vehicle is seized with reason to believe that it has been used in committing..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Recovery of 702 kg poppy - Petitioner not directly involved in business in poppy, as business is conducted by her father - Licence stands in the name of father of petitioner - Moreover, weighment of stock of poppy was not conducted in a proper manner..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Seizure of contraband - Accused in custody from last more than 3-1/2 years - Out of 79 witnesses statements of only 20 witnesses have been recorded out of which cross examination of 10 witnesses has been completed - Trial not likely to be concluded in..........
