Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 188, Explosives Act, 1884, Section 9B -- Anticipatory bail - Offence u/ss 420, 188 IPC and S.9-B of Explosive Act - Recovery of crackers - Petitioner is a valid licence holder for storing crackers under Explosive Act and said licence is renewed from time to time - However, validity of said..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Offence u/s 21 NDPS Act - Recovery of 80 grams heroine from right pocket of pant worn by petitioner - Keeping in view involvement of question as to whether petitioner can be said to be in conscious possession of contraband recovered, non applicability of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 10 kg opium - Where Magistrate himself has appeared in witness box and deposed that it was produced in Court, mere fact that one seal was illegible does not vitiate proceeding...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 10 kg opium - Non-compliance of S.57 of the Act - Mere not sending of report within two days cannot have such consequence as to vitiate entire proceeding, as provision of S.57 of the Act not to be interpreted to mean that in the event report is not sent within two days, entire proceeding shall..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 27A, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of poppy husk - Recovery effected from accused and petitioner was indicted later on - Charges were framed on 12.9.2019, but no witness is examined so far - Trial of case is likely to consume considerable time as prosecution has to examine its..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder of wife by husband - Circumstantial evidence - Recovery of pistol - Pistol was recovered at the instance of accused from under the earth in courtyard - Since independent witness went hostile, recovery disbelieved by High Court - However, PW2 did not deny his signature on recovery memo nor did he..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/s 21 of the NDPS Act and Ss.25, 27 of the Arms Act - Recovery of 260 gms of heroin along with a pistol .32 bore, two magazines with 10 live cartridges and one pistol .9 mm along with 6 live cartridges - 260 gms of..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 2(g) -- Money suit - Recovery of misappropriated funds - Maintainability of - Employee of bank fraudulently mis-appropriated funds - Bank employee is not in business activity with bank as required for definition of `debt' u/s.2(g) of the Act - Therefore, execution proceedings before Tribunal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of poppy straw - PW1 specifically stated that except evidence of co-accused, no other evidence is available on record to connect accused with commission of crime - Accused entitled to bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Where contraband is recovered from an object which is held by an accused in his hand and search of such person is also conducted which lead to no recovery of any contraband, though there are recoveries of other personal assets of a person from his personal search, no, compliance of S.50 of the..........
