Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 600 gms. - Delay of 15 days in sending the sample to FSL whereas sample should have been sent within 72 hours as per standing instructions of Narcotic Control Bureau - Seal after use was handed over to Sarpanch who has not been examined at the trial - CFSL form was neither prepared at..........
Service -- Misconduct - Departmental inquiry - There is no vested or absolute right in any charge-sheeted employee to representation either through a counsel or through any other person unless the statute or rules/standing orders provide for such a right...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 8 bags - Sample sent to FSL after 8 days against standing instructions to send sample within 72 hours - Nothing to show that CFSL form was filled at the spot and deposited in the Malkhana - Possibility of sample being tampered with cannot be ruled out - Accused acquitted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - For grant of bail Court to consider (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge; (iii) severity of the punishment in the event of conviction; (iv) danger of accused absconding or fleeing if released on bail; (v)..........
Industrial Disputes Act, 1947, Section 25G -- Non compliance of Certified Standing Orders applicable to the establishment and its violation - Dispute falls outside the Civil Court's jurisdiction...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Ganja - Recovery of 155 Kgs. in six bundles - Accused standing in proximity of bundles of ganja on a public place - Enquiry not made about ownership of said bundles - Standing in proximity of contraband bundles on a public place is not by itself sufficient to hold that accused was in conscious..........
Land Acquisition Act, 1894, Section 23 -- Value of trees standing on acquired land - Determination of - Case law discused...........
Criminal Procedure Code, 1973, Section 457, 451, Essential Commodities Act, 1955, Section 6A -- Jurisdiction of Court to release a vehicle involved in an offence under EC Act - Applicant and co-accused were found selling solvent adulterated petrol - Tanker carrying solvent was seized - Held that u/s 451 Cr.P.C. Magistrate can pass appropriate order with regard to custody..........
Evidence Act, 1872, Section 115 -- Estoppel - Plea for withdrawal of statement - By counsel on the ground that counsel had carried misconception of facts and failed to take instructions - However, it does not stand to reason that experienced advocate appearing in high profile case for client holding responsible political office would have carried misconception of facts and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - PWs 1, 2 & 3 were far away from the field where the alleged incident took place - Identification was practically impossible from such a large distance particularly when the field was obstructed by standing crops of sugarcane which were not less than 6/7 ft. in height - PWs could not have seen the assaults not only..........
