Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 3 kg charas - Non joining of independent witness - Weighing scale arranged from the village - Owner of weighing scale could have been requested to accompany to the site where recovery was done - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 3 kg charas - Accused acquitted viz: (i) Method of sample collection was defective; (ii) collection of sample in the absence of independent witness; (iii) sample sent to chemical analyst without it being first sent to malkhana and without any seal; (iv) sample sent and report received from..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Anticipatory bail - Recovery of 60 gms alprazolam - Petitioner earlier granted regular bail by trial Court but on account of noting wrong date he could not appear before Court below - Non-appearance of accused is bonafide and deserves to be protected from arrest - Bail granted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Criminal prosecution u/s 138 of the Act, is neither for recovery of money nor for enforcement of any security etc. - It is a penal provision, commission of which offence entails conviction and sentence on proof of guilt in duly conducted criminal proceedings...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Circumstantial evidence - Recovery of nylon rope - Death by strangulation - Nylon rope was recovered at the instance of accused - I.O could not recover said rope without having received information from accused - Accused thus, had knowledge of place where rope was kept - Recovery, held, proved...........
Indian Penal Code, 1860, Section 307, 120B, Arms Act, 1959, Section 25, 54, 59 -- Quantum of sentence - Attempt to murder - Gunshot injury at dorsal spine - Appreciation of evidence - Accused shot victim at her back after she refused to marry him - In the opinion of doctor, victim had no chance of recovery and her condition is worse than a dead person and she was dying..........
Indian Penal Code, 1860, Section 302, 307, 309 -- Offence u/ss 302, 307, 309 IPC - Recovery of blood-stained farsa and shirt - Cannot be considered to be incriminating circumstances in absence of evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Non gazetted officer after obtaining consent of accused cannot conduct search and effect recovery - Mandatory provision of S.50 of the Act violated...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Bank loan - Recovery - Provisions of SARFAESI Act, would become applicable qua all debts owing and live when Act became applicable - Similarly, date on which a debt is declared as an Non-Performing Asset (NPA) would again have no impact...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 4.800 kg opium - Reduction of sentence - Accused is a very poor person and nobody is there in his family to look after the children and his wife - Moreover, accused already undergone more than 11 years of incarceration in jail - Sentence of accused reduced to 11 years R.I from 14 years R.I..........
