Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 1 kg Ganja - Non-compliance of provision of S.42 of the Act - Secret information received by PW9 and same was forwarded to superior authority on the same day - There is thus, substantial compliance of provision of S.42 of the Act - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 650 tablets of Tramadol - Bail - Recovery effected from conscious possession of accused is marginally higher than commercial - Challan has been presented - Conclusion of trial will take time - Investigation is complete and no recovery is to be made -..........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - Mere possession of deadly weapon does not satisfy statutory requirement, as it provides `uses any deadly weapon' u/s 397 IPC...........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - If weapon with which offender was armed was within vision so as to be capable of creating terror in the mind of victim, that would be sufficient to satisfy word `uses' for purpose of S.397 IPC - Accused rightly convicted...........
Indian Penal Code, 1860, Section 307, 323, 380, 34 -- Offence u/ss 307, 323, 380, 34 IPC - Land dispute between parties - Injuries sustained by injured witnesses were simple in nature - Offence u/s 307, 34 IPC held, not made out and at the most offence u/s 323, 34 IPC can be made out against accused - As regarding offence u/ss 380, 34 IPC, since there has been no recovery,..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 920 tablets of Tramadol, Dicyclomine & chlorpheniramine Malete Capsules - Accused is named as an accused in the case solely on basis of disclosure statements of co-accused - He is in custody since Sep 2020 - No other case of similar nature is..........
Indian Penal Code, 1860, Section 302, 323, 34 -- Nature of offence - Injuries caused to deceased were superficial and simple in nature - None of internal organs of deceased were effected by injuries - Eye witnesses did not give convincing evidence to establish that any of accused used a sharp weapon while assaulting deceased - There exist grave contradictions in statements..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter and divorced wife - Husband earning Rs.62,400 p.m - Mere fact that Rs.15,000 deducted to GPF and Rs.10,000 deducted to recovery of loan from salary of husband, he cannot be permitted to ignore his responsibility for maintaining his divorced wife and daughter on the ground of inadequacy of carry home pay,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17C -- Recovery of 5 kg opium - Search and seizure - Customs officials neither seized contraband nor took any sample to the place of recovery - Rather sample was drawn by PW5 at office of custom office - Admittedly, no seizure was made at the place of recovery, which vitiates prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 5 kg opium - Search and seizure - Sample must be taken under direct supervision of Magistrate, which was not done in the case - Even standing order as applicable was not complied with in respect of taking sample - There is thus, violation of S.52-A of the Act...........
