Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - When it is proved that personal search of accused was conducted, police was required to comply with provision of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 15 injections of Buprenorphine 2 ML each - Non-compliance of S.50 of the Act - Personal search of juvenile was conducted by Lady Constable, though there was no recovery - Recovery effected from cloth bag carrying by juvenile in her right hand - However, juvenile was not given an offer whether..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Cheque amount of Rs.Seven lakhs - Conviction - Sentence of four months simple imprisonment - Accused, a woman already undergone more than one month of sentence - Cheque was issued way back in the year 2013 - Sentence of imprisonment thus, modified to refund of cheque amount of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Accused failed to examine even a single witness even after availing four opportunities - No explanation why he did not lead evidence on said dates - However, in the interest of justice one opportunity given to accused to lead his entire..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Quashing of proceedings - Offence by company - Complainant issued sanction letter in respect of term loan facility and sanction letter for rescheduling existing term loan and company executed term loan agreement and other loan related agreements and other accused executed agreement of guarantee and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Acquittal - Leave to appeal - Complainant failed to prove that cheque issued by accused in favour of complainant was for payment of `outstanding dues' - Therefore, offence u/s 138 of the Act is apparently not made out -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 431 -- Dishonour of cheque - Compromise in Lok Adalat - Default in payment - Award of Lok Adalat can be executed as a Civil decree or as per provision of S.431 Cr.P.C. depending on terms contained in the compromise - If there is a term agreed that the complainant can enforce the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 120 capsules of Spasmo Proxywon and one injection of Avil 10 ml along with syringe - Giving of third option of search to accused by I.O - I.O gave offer to accused to get his search conducted either through him or through a Gazetted Officer or through a Magistrate, which was defective offer and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 6 bags of ganja - Minor difference in weight of samples shall not vitiate trial, particularly when seal of packed samples were found to be intact and identical with specimen impression of seal when presented for chemical examination as per report...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 6 bags of ganja - Non-joining of independent witness - Seizure took place in dead hours of night on highway where vehicles ply with enormous speed and one cannot expect a pedestrian to loiter around - Sketch map of place of occurrence does not indicate any shop or residence in or..........
