Civil Procedure Code, 1908, Section 9 -- Hire purchase agreement - Hypothecation of vehicle - Seizure of vehicle illegally - Suit for damages - Seizure even if permitted under the terms of agreement, it can be done only lawfully and not otherwise - Illegal seizure of vehicle, which is opposed to public policy, over and above giving rise to criminal proceedings against the..........
Criminal Procedure Code, 1973, Section 102 -- Seizure of property - Word "Property" mentioned in S.102 - Meaning of - Held, all properties whether movable or immovable can be seized by police u/s 102, as there is nothing in provision to show that property would include only movable and not immovable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55 -- Poppy husk - Recovery of 40.25 kgs. - Search and seizure under NDPS Act - Provisions of Criminal Procedure Code as to search and seizure apply to the extent the same are not inconsistent with the provisions of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 100 -- Contraband - Recovery - Non joining of independent witness - At the time of apprehension of accused no public witness came to the spot - Evidence of official witnesses cannot be distrusted and disbelieved, merely on account of their..........
Criminal Procedure Code, 1973, Section 457 -- Rice - Release on superdari - Seizure of 150 bags of rice - Petitioner claiming to be owner of bags - Case of respondent that rice belongs to Antyodya scheme and was meant for public distribution - Held, in these circumstances it is necessary to decide to whom the rice belongs and further whether any confiscation order has been..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Supardari - Seizure of scooter with contraband - Confiscation proceedings not started - Scooter lying in malkhana for over a period of six months and it will get damaged if it is lying unattended - Petitioner can be asked to give an undertaking to keep the..........
Criminal Procedure Code, 1973, Section 102, 104 -- Seizure and impounding - Seizure is made when a authority takes into its possession some property which was earlier not in his possession - If after seizure the said property is retained for some period of time then such a retention amounts to impounding of property/or document...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43, Criminal Procedure Code, 1973, Section 165 -- Contraband - Search and seizure - Secret information - Not only provisions of S.165 of Cr.P.C. are attracted in the matter of search and seizure but the same must comply with the right of accused to be informed about the requirement to comply with the..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Conviction u/s 18 NDPS Act - Appeal against - Suspension of sentence during pendency of appeal - Search and seizure made by person not authorised - Rival submissions considered - Sentence suspended during pendency of appeal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 42, 58, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Contraband recovered on search of house between sunset and sunrise - Accused not present - None of the occupants arrested - Police not obtained search warrant - It indicates that search and seizure was not on basis of any information..........
