Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 6, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Parole - Offence u/s 22 NDPS Act - Petitioner involved in other three cases under NDPS Act - Likelihood of his involvement in similar offence while on parole is not be taken as active and real apprehension of threat to security of..........
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, Section 6, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Parole - Offence u/s 22 NDPS Act - Expression `sufficient cause' - Petitioner claims parole on two grounds:- (i) to take care of aged parents; (ii) house needs repair - Claims verified by Municipal Councilor - Reasons given by..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17 -- Bail - Offence u/s 17 of NDPS Act - Recovery of 500 grams opium from possession of petitioner and 1 kg of opium from car - Recovery of contraband is less than commercial quantity - Even, S.37 of the Act is not applicable - Keeping in view nature of accusation,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Handwriting expert has given opinion stating that writings marked in cheques were found to have been executed on document with prior signature marked at a different time with different ink - But handwriting expert has not been examined or cross examined in order to arrive at a opinion..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Neither accused confront complainant with copy of notice nor accused filed a copy of it along with the statement u/s 313 Cr.P.C. - Even, accused does not send any reply notice to statutory demand notice nor issued directions to his bank to stop payment - Moreover, accused fail to discharge..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards loan amount of Rs.30 lakhs - Such loan disclosed in the Income Tax returns - Plea of taking loan of Rs.10 lakhs and that plea of repayment of the same - However, no material to show return of said sum to complainant - Though accused can discharge burden by preponderance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act creates an offence and prescribes punishment - Procedure for investigation of offence is not contemplated...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Cheque issued by Director and Executive Director of company - Company was not arraigned as a party and only individuals are arraigned as party - No statutory notice was issued as against petitioner - Petitioner was implicated by filing a petition u/s 319 Cr.P.C and same was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Illicit article seized from person during personal search conducted in violation of safeguards provided in S.50 of the Act, cannot be used as admissible evidence of proof of unlawful possession of contraband...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 11.800 kgs Ganja - When search is conducted by detecting officer, who is a gazetted officer himself, S.42 of the Act has no application - S.42 of the Act would be invocable only if search is made by officer upon prior information...........
