Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20 -- Recovery of 400 gms of charas - Secret information - Entire contraband sent to FSL for chemical examination - Case property produced in Court - Held, recovery itself becomes doubtful - Conviction & sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Reduction of sentence - Since the sentence imposed on petitioner is disproportionate with the nature and gravity of offence u/s 138 of the Act, therefore, substantive sentence of S.I for 3 months would stand reduced and modified to S.I for one day till rising of Court and petitioner is given 5..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 55 -- Recovery of 5.6 kgs charas - Search & seizure - By whom case property produced in Court not stated - No entry in malkhana register when FSL report was received and when samples were dispatched and returned to malkhana - No reference whether NCB form was deposited along with case property in malkhana -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused filed application for compounding of offence - Application opposed by complainant - Held, if complainant disagrees with offer of cheque amount and refuses to compound the offence, Court has no power to mandate complainant to do so - As complainant apart from..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Property dispute - Prior enmity between parties - Two accused persons fired on deceased and injured witnesses - Four empty cartridges of DBBL gun recovered from place of occurrence which was assigned to accused `D' (since died) - No empty cartridges recovered which was said to be used by country made pistol assigned..........
Indian Penal Code, 1860, Section 363, 365, 376(2)(f), 302, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder of 8 years old mentally and physically retarded girl - Rarest of rare case - Death sentence - Accused after giving a chocolate to a young girl aged 8 years having permanent disability of 70% and I.Q of 50%, kidnapped her..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence is not supported by any other evidence - No plausible explanation from prosecution as to why recovered articles were not deposited in Malkhana immediately - Accused caught wearing the blood stained `bandi' but it is highly improbable that he would kept wearing it throughout the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 7 kg heroin - Reduction of sentence - Accused awarded sentence of 10 years R.I with 1 lac fine, in default of payment of fine, he was to undergo S.I for a period of 6 months - Keeping in view the facts of case, there is no scope of reduction of sentence - However, default sentence on account of..........
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 21 -- Death sentence - Execution of death sentence - Till the time limitation period for filing review petition and thereafter reasonable time for filing mercy petition has not lapsed, issuing of death warrants is violative of Article 21 of Constitution of India...........
Indian Penal Code, 1860, Section 302, Constitution of India, 1950, Article 21 -- Death sentence - Execution of death sentence - Cannot be carried out in a arbitrary, hurried and secret manner without allowing the convicts to exhaust all legal remedies...........
