Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of investigation - Whether investigation is to be completed within 60 days or 180 is totally dependent upon FSL report - If FSL report affirms idea/estimation or presumption of seizure officer and matter involves recovery of commercial quantity, investigation should be completed within 180..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Defendant denied execution of promissory note and also denied his signature on promissory note - Comparison of admitted signatures of defendant with signature on promissory note shows that defendant signed on suit pronote and there is similarity in signatures - Evidence of plaintiff and..........
Indian Penal Code, 1860, Section 363, 366, 366A, 376 -- (before amendment), Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(5) - Abduction and rape - Prosecution has not been able to prove age of victim as 15 years, rather, it has been established from medical evidence as well as statement of mother of victim that she being more than 16..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 29 -- Bail - Contraband - Petitioner was not named in FIR and is sought to be implicated solely on the basis of disclosure statement of co-accused - No recovery effected from petitioner even after such disclosure statement and arrest of petitioner -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Indian Penal Code, 1860, Section 302, 34, 120B, Arms Act, 1959, Section 25, 27, 29 -- Bail - Contraband - Petitioner has already suffered sufficient incarceration of 1 year 4 months and 23 days - Similarly situated co-accused has already been granted..........
Specific Relief Act, 1963, Section 5, 34 -- Suit for confirmation of title and recovery of possession - Without seeking relief of declaration - Defendants denied title of plaintiff - Court below committed error in granting decree in favour of plaintiff without asking him for seeking declaration of title u/s 34 of the Act - Impugned order set aside - Matter remanded...........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Once the manner in which accused were stated to have been arrested is doubtful, alleged recovery of screw driver, knives and country made pistol made at the time of arrest is rendered unacceptable - Moreover, weapons /articles allegedly..........
Indian Penal Code, 1860, Section 392, 397, 411, Arms Act, 1959, Section 25 -- Offence u/ss 392, 397, 411 IPC and S.25 of Arms Act - Police got information about presence of accused persons at the bus depot from PW1 as per prosecution - However, where that information was given by PW1 to police, there is discrepancy in the testimony of witnesses who were part of team that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 222.800 kg ganja - Conviction - Appreciation of evidence - As per record, the police had adopted a correct procedure and the entire proceeding of search and seizure was found genuine - Further, independent witnesses have duly supported the prosecution case about stopping of vehicle,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 222.800 kg ganja - Conviction - Non compliance of Standing Orders 1/89 issued by government for drawing of sample - Mere non compliance of the procedure for drawing of the sample does not vitiates the entire search and seizure proceedings, when other evidences have duly supported the..........
