Indian Penal Code, 1860, Section 412 -- Offence u/s 412 IPC - FIR lodged against arrested co-accused and 7-8 unknown dacoits who were caught hold by villagers at the spot, after about 7 hours of incident without any explanation wherein police reached the place of incident immediately - Appellant was arrested after 9 days of incident and recovery which was allegedly made..........
Indian Penal Code, 1860, Section 354 -- Outraging modesty of woman - Accused abused victim, grasped her hair and fell her down and pressed her breast and tore her blouse - Incident happened in a public place - Evidence of victim is corroborated by her husband and father-in-law - Nothing in rebuttal against recovery of torn blouse of victim - More so, after the incident..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Recovery from a public place - There is thus, no need of compliance of mandatory provision of S.42 of the Act - Provision of S.43 of the Act is applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 900 gms smack - Chance recovery - Contraband recovered after search of motor cycle of accused in public place - Compliance of S.50 of the Act not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 900 gms smack - Non-joining of independent witnesses - Chance recovery - When conduct of accused was found suspicious and a chance recovery from vehicle used by him is made from public place and proved beyond reasonable doubt, accused cannot avail any benefit of issue of non-joining of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 17 ampoules of Buprenorphine and 12 ampoules of Diazepam injection along with some syringes and needles - Search made in public place - Officer taking search is not required to comply with requirements of S.42 of the Act - S.43 of the Act comes into play and question of non-compliance of..........
Rajasthan Rent Control Act, 2001, Section 22, Transfer of Property Act, 1882, Section 106 -- Eviction petition - Compromise - Appeal by tenant against compromise certificate has been dismissed - Writ petition - Recovery certificate issued by Rent Tribunal on basis of compromise between parties duly attested and verified to its satisfaction without adverting to question as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Weighment of contraband - When place of seizure is public place and weighment chart is not produced nor brass seal, nor independent witness supports prosecution version, doubt on prosecution case regarding seizure of contraband of particular quantity becomes grave - It..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 7 kg opium - Recovery effected from a package being carried by accused in his hand at a public place - Provision of S.42 of the Act thus not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 42.795 gms charas - Search was not from a building convenience or an enclosed place, but was from a public place i.e road - Provision of S.42 of the Act not attracted - However, prosecution has complied with requirements of S.42 of the Act...........
