Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 6.600 kg ganja - Recovery effected from public place - Case is covered by S.43 of the Act - No prejudice caused to accused due to no, compliance of S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 6.600 kg ganja - False implication - Search and seizure was made in presence of Gazetted officer and two public witnesses - Seizure list prepared on the spot contemporaneously lends credence to evidence of said witnesses - No motive attributed to police witnesses for false case..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35 -- Recovery of 6.600 kg ganja - Conscious possession - Evidence of police witnesses corroborated by two independent witnesses together with chemical examination report proving recovery of contraband from possession of accused - Thus, possession of contraband by accused is proved by cogent, credible and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 5 gms smack - Testimony of official witnesses - All official witnesses stated in one voice that contraband was recovered from accused - Notice u/s 50 of NDPS Act was served upon accused and contents of notice were duly explained to accused - Testimony of raiding party duly corroborated by CFSL..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 5 gms smack - Reduction of sentence - Accused already undergone 1 year 11 months and 14 days incarceration for possession of 5 gms of smack - Keeping in view the beneficial provision of amended NDPS Act of 2001, sentence awarded to accused reduced to sentence already undergone by him...........
Civil Procedure Code, 1908, Order 16, Rule 6 -- Production of document - Suit for declaration and recovery of possession - Original sale deed - In possession of vendee, who is dead - Plaintiffs filed certified copy of sale deed - Sale deed is now in custody of son of vendee - Document is vital one - Application allowed...........
Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Complainant stated that accused gave him danda blow, as a result of which his tooth was broken and he sustained injury on his left arm and wrist - He also stated that blood oozed out of his mouth and there was swelling on his mouth and he could not eat food for 15 days - However, medical officer did not notice..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 4.800 kg poppy husk - Prosecution proved its case by official witnesses - There are no lacunae in prosecution evidence - Chain of link evidence is complete - Case property remained intact throughout - There are no discrepancies in the statements of witnesses - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 4.800 kg poppy husk - Reduction of sentence - Accused facing the agony of criminal proceedings for the last 12 years - He is sole bread earner of his family and not involved in any other case - Accused already undergone actual sentence of 8 months out of substantive sentence of 5 years - Ends..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Recovery of excess amount withdrawn by claimants - Appellant/insurance company no doubt made out a case, since there was liberty granted to appellant to recover the excess amount payable to claimants - However, keeping in view the fact that deceased employee died at the age of 32 years and claimants having..........
