Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Mere recovery of tainted money is not sufficient to record a conviction unless there is evidence that bribe had been demanded or money was paid voluntarily as bribe...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22 -- Recovery of 260 gms of Dextropropoxyphene - Delay of 5 days in sending samples to FSL - Mere delay of sending samples is not fatal to prosecution case where seals were found intact - Since there is no evidence on record that sample has been tampered with at any stage of trial, delay, held, not fatal...........
Jurisdiction -- Assessing Officer - Recovery Proceedings - Mere fact that appeal is pending before the commissioner of Income tax (Appeals) after the orders of Tribunal does not oust the jurisdiction of the Assessing Officer to initiate recovery proceedings on the basis of order passed by it - Such recovery proceedings shall be subject to final decision in appeal by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 5 kgs. from scooter - Case property was produced before Illaqa Magistrate, who had appended accused signatures - Mere fact that by efflux of time, the gum or adhesive applied to chits had withered away will not go to the advantage of accused - Conviction of accused, proper...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 51 -- Recovery of 300 grams opium poppy - Delay in sending of sample - No evidence to show that sample of contraband has been tampered at any stage of trial - Mere delay and no, preparation of a specific form by I.O. at the spot is not fatal to prosecution case - Conviction of accused held, proper...........
Recovery Certificate -- Repayment of loan amount - Plea taken by company that amount which sought to be recovered was a subsidy amount which had been ordered to be released by State Government and same having been wrongly adjusted by Corporation by claiming it from the Government cannot be matter of further recovery - Recovery of subsidy was competent when functioning of..........
Criminal Procedure Code, 1973, Section 374, Indian Penal Code, 1860, Section 392 -- Robbery - Appeal against conviction - Taxi was hired by all accused and robbery was committed in running taxi - No possibility of any independent witness watching the incident - Complainant was pushed out of running car after stealing his money and mobile phone - Car was recovered at the..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal Gratification - Proof of - Allegations against accused that he asked for bribe for shifting telephone connection - Complainant consistently deposed as per prosecution version and no material contradiction or improvements in statement - Mere fact that a specific amount is due payable by complainant..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Accused demanded and accepted Rs.3000 as illegal gratification from complainant for disbursement of remaining loan amount - Recovery of tainted currency notes from possession of accused, established by cogent and consistent testimonies of official witnesses - Accused had not given any explanation as..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Non-joining of independent witness - Mere fact that some independent person available at spot were not associated in the investigation, is no ground to discard testimonies of recovery and trap laying officer - It is not necessary that each and every person who had been spectator to such a raid/trap..........
