Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Non-compliance of S.52-A of the Act - Chain of custody in the case remains clear and continuous - No evidence on record to indicate tampering, substitution or mishandling - Forensic report confirms presence of cannabinoids in sample, which stands in complete harmony with seizure - In these..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Reduction in weight of contraband is sufficiently explained by natural drying and loss of moisture, a fact also recorded by PW6 in Analysis Report, which notes that sample contained dry, broken fragments - High Court rightly held that minor variations in weight,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Sample packets were duly sealed with signatures and seizure details - Seized material along with samples was produced before Magistrate - Scientific Officer affirmed that seal on packet received for analysis was intact and bore correct identifying particulars -..........
Negotiable Instruments Act, 1881, Section 138, Income Tax Act, 1961, Section 269SS -- Dishonour of cheque - Cash transaction of Nine lakhs - Any violation of S.269SS of Income Tax Act does not render the transaction unenforceable u/s 138 of the Act or rebut the presumptions u/s 118 and 139 of NI Act. (Paras7 & 8)..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit compensation amount - Appellate Court must make efforts to prioritize hearing appeals filed against conviction u/s 138 of the Act and decide the same within 60 days of filing and not later than 90 days where appellant is not in a a position to deposit compensation amount as ordered..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Any initial defect as regards authorization at the time of initiation of complaint is a curable defect which can be subsequently cured during the course of trial or even at the appellate stage...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Solitary independent witness not examined by prosecution and given up as having been won over - PW3 stated that independent witness had come to place of recovery at about 7.30 A.M. which is much prior to apprehension of accused, who was allegedly apprehended at about 8.30 A.M - Consent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 57 -- Contraband - Non-compliance of provisions of Ss.52, 57 of the Act - No special report sent by I.O. to his immediate superior officers and investigation was also not verified by any Gazetted Police Officer - I.O. did not comply with directory provisions of Ss.52 and 57 of the Act - Rather it appears..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Testimony of official witnesses - Material contradictions in the statements of official witnesses regarding weighment of contraband - Memo of arrest is shown to have been signed by father of accused - Recovery of opium was allegedly effected from possession of accused in the area of village..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of documents - Case fixed for arguments - Documents in question are statement of account being maintained by public bank in usual course of its business - Documents are necessary in order to prove transactions between parties for showing existing..........
