Constitution of India, 1950, Article 21 -- Euthanasia - Whether right to die with dignity is fundamental right? - In case of terminally ill patient or person in permanent vegetative state, where there is no hope of recovery, right to die with dignity is fundamental right which feel within the scope of right to live with dignity u/Art.21 of Constitution - Continuing..........
Constitution of India, 1950, Article 21 -- Scope - Right to live with dignity also includes smoothening of the process of dying in case of a terminally ill patient or person in permanent vegetative state, where there is no hope of recovery. (Dipak Misra, CJI. and A.M.Khanwilkar, J.)...........
Indian Penal Code, 1860, Section 302, 364, 392, 34 -- Murder - Circumstantial evidence - Recovery of tempo at the instance of accused - Tempo was recovered from open place and not from conscious possession of accused - Witnesses of recovery were examined by prosecution but they have not uttered a single word regarding said recovery being effected in their presence - Such..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(C) -- Recovery of 203.5 kgs ganja - Secret information - Conscious possession - 17 gunny bags of contraband recovered from vehicle in question - Weighment of contraband and drawing of representative samples proved by independent witness and PW2 - Accused failed to produce any licence to transport..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 203.5 kgs ganja - Secret information was received by police while they were on patrol duty - Having received such information, apprehending escape of accused and concealment of evidence of offence, accused was intercepted for being checked and searched without obtaining warrant - It is thus,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 203.5 kgs ganja - Notice given to accused u/s 50 of the Act and after obtaining his consent where he agreed for his personal search as also for search of vehicle from police, search was made and in 17 gunny bags and certain objectionable thing found, which was later on confirmed to be ganja -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 57 -- Recovery of 203.5 kgs ganja - Search and seizure - Oral and documentary evidence on record shows that samples and seized contraband were duly sealed, specimen seal was also affixed in seized contraband as well as samples and seizure memo - Seized contraband as also samples were deposited in Malkhana -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(C) -- Recovery of 203.5 kgs ganja - Separate weighment of gunny bags not taken - Merely because separate weighment of gunny bags was not done by police, it hardly makes any difference in quantity of contraband because possession of huge quantity of ganja was seized and if weight of gunny bags is deducted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 290 gms charas - No prior information available with police regarding recovery of contraband - Even there is no material available on record which points towards fact that any prior information qua accused having charas was available with police - Provision of S.42 of the Act not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 290 gms charas - Accused found in conscious possession of 290 gms of charas - He was also in possession of currency notes Rs.15,330 and a pocket digital electronic scale - Case property remained under safe custody of PW5 - Compliance qua S.57 of the Act by making special report was proved -..........
