Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(1), 3, 5, Arms Act, 1959, Section 25(1b)(a), 27 -- Cognizance of offence - Offence u/ss 3, 5 of TADA Act and Ss. 25(1-b)(a), 27 of Arms Act - Non-compliance of S.20-A(1) of the Act - Recovery of arms effected from accused in a notified area under TADA Act - Carrying such arms in notified area under..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of seven bags of poppy husk from search of vehicle - Personal search of accused also conducted but did not result in recovery of any contraband - Even if there was any such recovery, the same could not be relied upon for want of compliance of S.50 of the Act - For non compliance of S.50 of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Personal search - Non compliance of S.50 of the Act - Recovery of illicit article seized cannot be used as admissible evidence of proof of unlawful possession of contraband...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 bags of poppy husk - Recovery effected from vehicle which was being driven by accused with other accused accompanying him - Presence of accused persons and possession of contraband material therefore, stood completely established - Order of conviction passed by trial Court held, restored -..........
Service -- Recovery of excess payment - After refixing of salary after retirement - Cannot be ordered from retired employee...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Prosecution concealed true genesis of incident and failed to establish circumstances in which accused is alleged to have caused injuries to deceased - Testimonies of eye witnesses suffers from serious inconsistencies and contradictions - There was huge undue delay in lodging FIR - Oral evidence is totally irreconcilable..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Recovery suit - Application in question filed at argument stage - Plaintiff had knowledge about objection with regard to territorial jurisdiction of Court in view of written statement filed by defendants after filing of plaint - However, despite filing replication, plaintiff did not seek any withdrawal of suit..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - Production of case property in Court - If seizure is otherwise not in doubt, there is no requirement that the entire material ought to be produced before Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - If seizure is otherwise proved, what is required to be proved is the fact that the samples taken from and out of the contraband material were kept intact, that when the samples were submitted for forensic examination the seals were intact, that the report of the forensic..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 223 kg poppy straw - Seizure memo - Proof - Signature of accused - At no stage even a suggestion was put to the witness that either the signatures of the accused were taken by fraud, coercion or mis-representation or that the signatures were not of the accused or that they did not understand..........
