Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25.50 kgs poppy husk - Plea of false implication - Accused neither alleged nor able to prove ill will or motive on part of PWs - Testimonies of police officials cannot be discarded simply on account of their official designation - Recovery of contraband from conscious possession of accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 995 gms opium - Non-joining of independent witnesses - In the instant case, I.O. and PW5 stated that I.O. tried to join independent witnesses, but none was ready to join - But, their statement contradicted by witness of recovery, who deposed that I.O. tried to join independent witnesses, but..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 995 gms opium - Time of recovery - As per statement of PW3, accused apprehended at about 6.15 pm at spot and DSP arrived at spot at 7.00 pm and after completing formalities of search, ruqa was sent to police station at 8.00 pm - But, said version contradicted by PW4, in his cross-examination..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 5 kgs heroin - Non examination of independent witness - Mere no, examining of independent witnesses is of no consequence, when evidence of official witnesses to prove recovery is cogent, convincing, creditworthy and reliable - Moreover, there was no reason on part of official witnesses to..........
Customs Act, 1962, Section 28 -- Customs - Whether import of Web Printing Machine was covered by Notification No. 114/80-CUS Dt. 19.06.1980 - Failure of Assessee in discharging it burden to prove that the machine prints sufficient number of copies to be covered by Notification - Assessee after receiving a favourable interim order from the High Court chose to pursue..........
Indian Penal Code, 1860, Section 376 -- Rape of minor girl aged 6 years - PWs declared hostile - Prosecutrix being child witness has been properly examined before recording her statement and she was declared to be competent witness - She categorically stated in Court that she does not recognize accused and the person who took her to field did nothing with her - Evidence on..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Death by consuming poison - No evidence on record that accused or any of his relative abetted the commission of suicide by deceased or subjected her to cruelty - Nobody even see the deceased consuming poison - No effort was made by any of the witnesses to call the Doctor, which would have been a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy straw - False implication - Statements of ASI, witness of recovery and I.O qua apprehension, search and seizure and recovery of contraband from the possession of accused are cogent, consistent and reliable - Accused failed to allege and prove any ill-will or motive on the part of ASI or..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Eviction petition - Personal necessity - Husband deposing on behalf of wife - Cross examination conducted by tenant sufficient to prove bonafide need of landlady - Held, merely because landlady has opted to produce her husband to establish her bonafide need is not sufficient enough to reject the ejectment petition - Order..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i), 13(3)(a)(ii), Civil Procedure Code, 1908, Order 8, Rule 5 -- Eviction petition - Bonafide necessity - Pleading - Landlady pleaded necessary ingredients of personal necessity - Tenant not raised any objection to the same and vaguely denied the same not specifically mentioning that landlady or her..........
