Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(1) -- Sanction for prosecution - No information of commission of an offence under TADA Act would be recorded by police u/s 154 Cr.P.C without sanction of competent authority - However, this bar does not apply to a rukka or a communication sent by police official to District Superintendent of Police..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 20A(1) -- Cognizance of offence - Bar u/s 20-A(1) of the Act, applies to information recorded u/s 154 Cr.P.C - This bar will not apply to a rukka or a communication sent by police official to District Superintendent of police seeking his sanction...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 160 vials of cough syrup - Search, seizure and sampling were completed at the spot - Notice u/s 50 of NDPS Act was served but it was not required, as recovery was effected from vehicle of accused - Though no independent witness joined but fact of matter is that statements of official witnesses..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Offence u/s 22 of NDPS Act - Non-appearance of PWs - All PWs/official witnesses not present on 16 dates - Trial Court directed to issue no, bailable warrants against said official witnesses - Superintendent of police shall ensure that all said witnesses are taken into custody and kept in protective custody..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 154 -- FIR as dying declaration - Scribe denied the question put in cross examination that signatures are not of the deceased - Deceased was a Govt. employee and his signatures would have been available in Government records - No effort made by prosecution to compare the signatures on FIR with the..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Demarcation report - Only revenue officer who was entrusted with task of carrying out demarcation and who had actually done so at the spot could have deposed that he did that as per High Court Rules and Orders and as per instructions of Financial Commissioner and testimony of no other person including..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Recovery of 60 cakes and 110 capsules of Hashish - Recording of evidence of official witnesses on affidavit - There is no provision in NDPS Act permitting recording of evidence of members of raiding party by way of affidavit - However, members of raiding party deposed by filing affidavit..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Recovery of 60 cakes and 110 capsules of Hashish - Search and seizure - Contraband recovered from accused while they were travelling in train - PWs 1 and 2 establish beyond doubt that DRI officials on fateful day went to railway station and upon boarding train had identified accused with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Recovery of 60 cakes and 110 capsules of Hashish - Search and seizure - Testimony of independent witnesses - Prosecution case corroborated with regard to recovery of narcotic substance from luggage of accused in their presence at DRI office by independent witnesses, particularly PW9 -..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Beating by police personnel, taking money of One lakh and not entering the same in recovery memo - Act not in discharge of official duty - Sanction for prosecution not required...........
