Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 29 -- Recovery of 1 kg charas - Accused acquitted, as following lapses become evident: (i) Mandatory provisions of Ss.42(2), 52-A of NDPS Act violated - No written information to superior police officer by officer-i, charge of police station was sent thereby violating S.42(2) of NDPS Act; (ii) said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Recovery of 1 kg Nitrazempam powder - Recovered article not weighted on the spot by raiding team rather it was sent to market for its measurement which was against provisions of law - No link evidence produced by prosecution to prove the fact that representative sample was forwarded to forensic lab for..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 394, 302, 411 -- Disclosure statement - Robbery - Recovery of stolen article on the pointing of co-accused - No effort made by I.O to take any independent witness while making recovery - Recovery of stolen article not fulfill the mandatory requirement of S.27 of Evidence Act and same is thus, doubtful...........
Indian Penal Code, 1860, Section 394, 302, 411 -- Robbery - Incident by three unknown persons and complainant stated that he can recognize them, if they are brought before them - However, no Test Identification Parade done by police authorities after arrest of accused - Recovery of stolen article not proved on record - Prosecution failed to prove its case - Accused rightly..........
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Constitution of India, 1950, Article 227 -- Charge - Order framing charge - Challenge thereto - Order framing charge is not purely interlocutory order and in a given situation be interfere with u/s 397(2) Cr.P.C. or 482 Cr.P.C. or Article 227 of the Constitution which is a constitutional provision but the power of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Returned unserved/unclaimed - Date of service of notice - It is the date when complainant received the returned notice or was so informed by the postal authority and not the date when postman made endorsement that addressee refused or returned the postal article unclaimed...........
Prevention of Food Adulteration Act, 1954, Section 2(ia) -- Adulterated - Meaning - Adulterated article of food is deemed to be adulterated if article sold by vendor is not of nature, substance or quality demanded by purchaser and is to his prejudice or its not of nature, substance or quality which it purports or is represented to be...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22(C) -- Recovery of 448 gms heroin - Sample - Prosecution utterly failed to show where, when and by whom sample was taken from recovered contraband article for testing to FSL - Said fact creates a serious doubt as to whether sample which was sent for FSL for testing was a part of recovered contraband from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22(C) -- Recovery of 448 gms heroin - Investigation of case done by subordinate officer of complainant - Investigation conducted in case is thus, not reliable - Moreover, recovered article was neither sealed nor opened before I.O - Charge sheet is submitted by I.O without waiting for and perusal of report of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Recovery of 4.5 kg charas - Search and seizure - Information was immediately sent to higher officers by complainant on arrest of accused and also written for providing information about arrest of accused to her family members - Factum of recovery from accused proved on record by PWs - PW5 proved FIR..........
