Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 11.800 kgs Ganja - Chance recovery - PW1 specifically stated that he had no information regarding transportation of ganja - S.42 of the Act thus, has no application in the absence of any personal knowledge or information by detecting officer - Question regarding non-compliance of provision of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 11.800 kgs Ganja - Chance recovery - PW1 has not given any evidence regarding search of body of accused - However, Mahazar shows that he had searched body of accused and no contraband article was found on such search - Ganja was seized from suitcase which was found in possession of A-1 and bag..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Independent witnesses not supported prosecution case - However, they signed mahazar at the spot of occurrence and excise officers were present there - Hostility of independent witnesses thus, cannot persuade Court to find that prosecution case is false...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Delay in producing material objects before Court - PW1's evidence that he produced the accused and material objects before Court on 19.9.2009 - Evidence of PW1 in this regard remains unchallenged and is corroborated by facts that documents including crime and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 11.800 kgs Ganja - Report made by PW1 u/s 57 of the Act to PW5, his immediate superior officer was got marked - There is thus, compliance of provision of S.57 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 11.800 kgs Ganja - Conscious possession - Commercial quantity was recovered from accused - Suitcase which contained ganja was on lap of A-1 - Bag which contained ganja was below the seat of driver/A-2 of autorickshaw - Accused thus, was in conscious possession of contraband - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant not placed on record that accused was residing in village `S' at time of alleged advancement of loan to him - Even, there is nothing on record to prove that complainant knows much about accused nor he has any written acknowledgment regarding lending to accused -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Legally enforceable debt - Complainant miserably failed to prove if cheque issued against discharge of any enforceable debt or liability - Moreover, preponderance of probabilities lies completely in favour of accused - Further, the case of complainant is required to rest on..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Leave to file appeal - Dismissal of complaint on the ground that complainant filed complaint before the Court not having territorial jurisdiction to entertain complaint - Delay of 100 days in refiling of complaint - Fact that appellant had not physically collected said complaint would not extend..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been amicably settled and joint memorandum of compromise signed by parties has been filed - Offence u/s 138 of the Act stands compounded u/s 147 of the Act - Accused acquitted...........
