Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(C) -- Recovery of poppy husk - Contraband recovered from pit covered with soil in the field - No evidence on record that accused was in possession of such land - Investigation of case has been conducted in a very causal and unprofessional manner - I.O did not find anything incriminating against persons who..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 419, 420, 477, 120B -- Dishonour of cheque - Quashing of proceedings u/ss 406, 419, 420, 477, 120-B IPC - Petitioners were never summoned for commission of offences punishable u/ss 406, 419, 420, 477, 120-B IPC - It is not the case of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Contraband - Presumption u/s 54 of the Act - It must first be established that a recovery was made from the accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Contraband - Search and seizure - The moment a doubt is cast upon most fundamental aspect, namely the search and seizure, appellant is entitled to the same benefit as given to co-accused - Conviction of appellant set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Contraband - Search and seizure - If independent witnesses come up with a story which creates a gaping hole in the prosecution theory, about the very search and seizure, then case of prosecution should collapse like a pack of cards...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 47.370 kgms Ganja - Search and seizure - Independent witnesses turned hostile - They not only denied having witnessed anything but also came up with a plausible explanation as to how their signatures found place in documents mentioned by PW7 - Serious doubt is thus, casts on very..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint sought on the ground that statutory notice of demand not served upon accused - It is a triable issue - A defence available to accused could not have been gone into by Magistrate at the time of taking cognizance of compliant and issuance of process - Ground urged is without any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of four complaints - Joint petition for quashing of four complaints and four separate orders directing issuance of process against accused, is not maintainable - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been amicably settled between parties - Entire due amount stands paid by accused to complainant - This fact is not disputed by complainant - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Judicial Magistrate passed order holding that application filed just to delay proceedings - Held, what should be the nature of defense evidence sought to be produced is not a matter which should be left only to the discretion of the Court - It was for the..........
