Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 580 kg poppy straw - Officer in charge of concerned Police station or empowered officer is under legal obligation to draw representative samples, prepare inventory and have photography done of seized contraband in presence of concerned Magistrate - Thereafter there would remain no need to..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156 Cr.P.C. - Said application in fact a criminal complaint though mentioned as application - If Magistrate decides not to forward the same to police for registration of a case, then he is required to follow the procedure for trial of cases instituted otherwise than on police report - In that eventuality,..........
Criminal Procedure Code, 1973, Section 155(2) -- Investigation - District Collector has no power or authority to order an investigation u/s 155(2) Cr.P.C. - Even by exercising powers of an Executive Magistrate, a District Collector cannot order an investigation under the said provision as Executive Magistrate is not a Magistrate having power to try such case or commit the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search of person of accused - Search options - Accused is to be given two search options i.e. search before a Gazetted officer or Magistrate - Any third option given to accused, vitiates entire trial...........
Criminal trial -- Presiding Officer absent - Magistrate in charge of that Court adjourned the case to pass further order by the Presiding Officer in seisin - Held, it is duty of Court remaining in charge of another Court to apply mind instead of passing order mechanically...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Where Magistrate intends to hold regular trial, he has to record reasons as to why he deems it fit not to try case summarily - However, mere absence of any such order does not vitiate entire trial...........
Criminal Procedure Code, 1973, Section 256(1) -- Non-appearance of complainant - Acquittal of accused - Due to lack of information about the transfer and posting date, complainant could not make his presence available on three consecutive dates of posting after the transfer - Magistrate without applying his mind into conduct of complainant in prosecuting the case prior to..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Child witness - Deceased died due to asphyxia as a result of ante-mortem injuries found on the body of deceased - PW1 is daughter of deceased aged 11 years who was sleeping with her at the time of incident - PW1 although a child witness but is an eye witness as she saw the occurrence - Magistrate administered oath to PW1..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 468, 477A -- Sanction for prosecution - Offence u/ss 420, 468 & 477 IPC - Alleged indulgence of officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabricate records or permit evasion of..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Protection of Women From Domestic Violence Rules, 2006, Rule 6(5), Criminal Procedure Code, 1973, Section 125 -- Maintenance order passed u/s 12 of Act of 2005 - Non payment of maintenance - Civil imprisonment - Order passed u/s 12 of Act of 2005 is enforceable in the same manner as laid down u/s 125 Cr.P.C...........
