Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Disposal of contraband - Contraband materials can be destroyed or disposed of in an appropriate manner at pre-trial stage itself, as drug can be disposed of under supervision of a Magistrate and if Magistrate follows mandate of S.52-A of the Act, the certificate issued by him is per se admissible in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2) -- Dishonour of cheque - Sentence of fine - Power of Magistrate - Magistrate at the relevant time in 1999 had no jurisdiction to impose a fine exceeding 5000 in view of limitation u/s 29 Cr.P.C. - It is only later in 2003, provisions contained in S.138 of N.I.Act was amended that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summons case - Magistrate failed to record statement of accused u/s 313 Cr.P.C again after examining third witness and after hearing parties proceeded to convict and sentence accused - Mandatory provision is thus, not complied with - Appellate Court rightly set aside conviction and sentence of accused -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 4 quintals of ganja - Samples were not prepared at the place of seizure, but when, how and by whom sample was prepared nowhere mentioned - No Malkhana register produced showing safe custody of seized Ganja - Procedure as prescribed by S.52-A of the Act, for preparation of inventory, detail..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, 201, 34 -- Compliant u/ss 420, 467, 468, 471, 120-B, 201, 34 IPC - Warrant case - Death of complainant - There is no provision in Chapter XIX, `Trial of warrant cases by Magistrate' that in event of death of complainant, complaint is to be rejected - Thus, legal heirs of complainant rightly permitted to come on..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 32(1) -- Summoning of additional accused - Dying declaration - Dowry death - It is apparent from FIR that specific allegation of demand of dowry is only against husband and not against any other person - Dying declaration of deceased recorded by Judicial..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Cannot be directed by Magistrate suo moto or on an application filed by complainant or accused, after cognizance has been taken on the basis of police report - Such course is open only on the request of Investigating Agency and that too in circumstances warranting further investigation on the..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 6 -- Rejection of application u/s 12 of the Act being barred by limitation - Case remanded by appellate Court for fresh decision - Magistrate rejected application without issuing any protection order, residence order or order of monetary relief - No occasion therefore, arisen requiring Magistrate to have..........
Criminal Procedure Code, 1973, Section 190, 210 -- Cognizance of offence - Private complaint - Offence under SC/ST case - I.O u/s 173 Cr.P.C. submitted its closure report in the fate of further investigation, as offence being not made out against accused - Magistrate without pronouncing any order thereon nor upon objections reared by complainant, rather proceeded to take..........
Securities and Exchange Board of India (Amendment) Act, 2002, Section 26(2) -- Trial of offences - Adjudicatory forum - Effect of amendment of 2002 - Before amendment trial of offences under SEBI Act was conducted by Court of Sessions or Court of Metropolitan Magistrate or any other High Court - As per 2002 amendment adjudication of offences could not be done by Court..........
