Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, Evidence Act, 1872, Section 154 -- Hostile witness - Poppy husk - Recovery of 119 bags - Four independent witnesses of recovery turned hostile - All the four signed the recovery memo prepared at the spot - None of these witnesses stated that their signatures were taken under terror, pressure or without..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 36B, Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction u/s 8/15 NDPS Act - S.36-B of NDPS Act empowers the High Court to deal with the appeal and dispose of the same and exercise all powers conferred by Chapter XXIX and Section 374 Cr.P.C. - When view taken either by Session Judge or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(22) 8(23), 8(29) -- Charges framed u/ss 8(22), 8(23) and 8(29) of NDPS Act - Trial Court framed charges on passing a detailed speaking order on being prima facie satisfied - Held, no illegality in the impugned order - Charges sustained...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Not filed within statutory period - Extension of time - Where defendant assigns bonafide and adequate reasons, few days delay in filing written statement could be condoned...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 42 -- Chance recovery - Officials of Narcotic department checked a bus and brown sugar recovered from both the appellants - Held, that since it was a chance recovery provision of S.42 of the Act is not applicable - Voluntary confession of appellants not retracted - Minor contradictions in testimonies of..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Police can further investigate a case on its own volition or after obtaining a direction from Magistrate - After further investigation authority conducting investigation can either reach the same conclusion and reiterate it or it can record a different conclusion - During such extended investigation..........
Criminal Procedure Code, 1973, Section 173(8) -- Order of reinvestigation - Modified by expression further investigation...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing - Striking off defence - Should be resorted to in rarest of rare circumstances - However, this is not to be misconstrued as a licence to defendants to file written statement as and when they deem appropriate...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Not to be interfered in revision as further investigation would only serve the ends of justice - After further investigation the authority conducting such investigation can either reach the same conclusion and reiterate the same or it can reach to a different conclusion...........
Consumer Protection Act, 1986, Section 3, Electricity Act, 2003, Section 42(8) -- Jurisdiction - Consumer fora - Electricity consumer - Additional remedy - Section 42(8) of the Electricity Act of 2003 specifically provides that remedies conferred on consumer under sub - sections (5),(6) and (7) of Section 42 are without prejudice to the right which the consumer may have..........
