Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Allegation that accused brought charas from Nepal to India - However, recovery Mahazar does not indicate a bag in which contraband is said to have been smuggled into India - Inconsistencies in evidence of PW1 to PW3 are not minor and are glaring enough to raise a..........
Legal Services Authorities Act, 1987, Section 21, 20 -- Lok Adalat - Settlement can be arrived at between parties in a Lok Adalat and such settlements are final in nature for which presence of parties and their free consent is mandatory...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Court cannot automatically acquit an accused under NDPS Act merely because witnesses did not turn up - Courts have power to compel attendance of witnesses using various provisions of Cr.P.C - Court must assess entire evidence presented and determine if prosecution has proved its case beyond a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Non-examination of independent witnesses is not by itself fatal to prosecution, particularly in prosecution under NDPS Act where operations often take place under challenging circumstances...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Non-joining of independent witnesses - Evidence of official witnesses consistent and coherent - Their depositions corroborate each other on all material particulars and no material has been brought out in cross-examination to cast doubt on their credibility - Absence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Reduction in weight of contraband is sufficiently explained by natural drying and loss of moisture, a fact also recorded by PW6 in Analysis Report, which notes that sample contained dry, broken fragments - High Court rightly held that minor variations in weight,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Sample packets were duly sealed with signatures and seizure details - Seized material along with samples was produced before Magistrate - Scientific Officer affirmed that seal on packet received for analysis was intact and bore correct identifying particulars -..........
Criminal Procedure Code, 1973, Section 125, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to major unmarried daughter - Major Hindu daughter is entitled to maintenance from her father u/s 20 HAMA as long as major daughter is unmarried and is unable to maintain herself out of her own earnings and property - Mere fact that no application is filed under..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23, 28, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 18 to 23 PWDV Act - Execution of orders - Magistrate was required to abide by provisions of S.125(3) Cr.P.C for securing compliance of orders passed u/ss 12, 18 to 23 PWDV Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20, 22, Criminal Procedure Code, 1973, Section 125(3), 421 -- Orders passed u/ss 12, 19, 20, 22 PWDV Act - Execution of orders - Magistrate directed to attach and auction immovable property of husband/JD that too situated outside the jurisdiction of Court - Magistrate could only issue a warrant for levy..........
