Consumer Protection Act, 1986, Section 2(d) -- Consumer - Construction worker registered under Building and other Construction Workers Act and is a beneficiary of Scheme under Rules pursuant to enactment, is a consumer within meaning of S.2(d) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 52A -- Recovery of huge quantity of heroin - Procedure adopted for drawing sample neither conforms to procedure prescribed u/s 52-A of the Act, nor under Standing Orders - Even, samples sent to CRCL were not representative samples - I.O without weighing contents of each individual packet, mixed powder..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Default bail - Recovery of 211 grams heroin - Report u/s 173(2) Cr.P.C was filed by police before expiry of period of 60 days without CFSL report, which cannot be said to be incomplete - Accused not entitled to bail u/s 167(2) Cr.P.C on the ground of filing of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7 - - Rejection of plaint - Suit for non interference with judicial and official proceedings and payment of damages for defamation and harassment - Plea of exclusion of jurisdiction of civil Court - Interference/disruption of judicial proceedings and/or defamation even by a spouse does not fall..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Independent witnesses completely denied of their presence during search and seizure and that they only signed the documents at a different place and time on instruction of Excise officials - Reasonable doubt arises in prosecution case regarding search and seizure of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 30 kgs ganja - Non-compliance of S.50 of the Act - Mere taking LTI impression of accused on a re-printed format will not satisfy due compliance of S.50 of the Act - For said purpose it is duty of Detection Officer to take search of accused in an NDPS case before Executive Magistrate or Gazetted..........
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 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Informant is also I.O, who detected accused with contraband, conducted search and seized the same, lodged first information and also conducted entire investigation - It is not the case of prosecution that there was no other Officer available to conduct investigation nor..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 20.02 gms heroin - Quantity of drug involved is less than Commercial quantity but greater than small quantity - Rigors of S.37 of NDPS Act thus, not applicable - Petitioner is in judicial custody since 2019 - Investigation is almost..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 23(c), 28, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 221 gms methamphetamine (Psychotropic Substance) - Commercial quantity - Psychotropic Substance was found concealed in undergarment of petitioner - Petitioner was detained in airport - Sequence of events and a reasonable,..........
