Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 1.945 kg heroin - Non examination of independent witnesses - Non examination on the ground that addresses provided by them were found to be no, existent - Fatal to prosecution case - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 1.945 kg heroin - I.O. of case and complainant are one and the same person - Proceedings vitiated - Accused acquitted...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 10, Himachal Pradesh Tenancy and Land Reforms Act, 1972, Section 72, 92 -- Return of plaint - Bar of civil Court jurisdiction - Recovery suit filed by society - Filing of suit expressly barred by provision of S.72 of Co-operative Societies Act, as dispute touches Business of a Cooperative Society and has arisen between..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of documents for comparison of thumb-impression cannot be sent to Forensic Science Laboratory - But plaintiff shall be at liberty to produce on record the copy of written statement along with list of reliance of documents, in a suit for recovery, as an evidence, in support of the defence...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Defendants contended that they did not receive suit summons and their father died much prior to date of statement of account on which suit was filed - Statement of defendants in their affidavit filed in support of application filed for setting aside ex parte decree..........
Agreement to sell -- Specific performance - Suspicion regarding date of execution of agreement to sell - Plaintiff filed suit with incorrect assertions that possession was delivered - More so, plaintiff in his earlier suit for injunction knew that property transferred as per compromise decree under the ownership of defendants No.2 & 3 but still he waited more than 1 year..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Bail - Offence u/s 18 NDPS Act - Recovery of 2.7 kg opium - Recovered contraband is marginally higher than commercial quantity - No other pending against petitioner and trial in the case may take long time therefore, bail granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Offence u/ss 21, 29 NDPS Act - Recovery of 265 grams heroin - Petitioner has undergone custody period of more than one year and no other case of NDPS Act is against him - Even, single prosecution witness has not been examined - Moreover, all..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Offence u/s 15 NDPS Act - Recovery of 52 kgs poppy husk - Alleged recovery of contraband includes weight of bag and after excluding weight of bag, weight of contraband comes to about 50 kgs which is non-commerical quantity - Trial in the case is likely to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for recovery of Rs.63.41 lakhs - As per direction of Supreme Court defendant deposited a sum of Rs.70 lakhs - Defendant has shown his bona fide by depositing said amount - Without going into merits of case, with a view to afford an opportunity of hearing to defendant in suit, ex parte..........
