Drugs and Cosmetics Act, 1940, Section 23, Criminal Procedure Code, 1973, Section 482 -- Sample of drug - Quashing of proceedings - Inspector while taking sample has not followed mandatory provisions of S.23 of the Act - Applicant was neither involved in the affairs of company nor was in-charge of key personnel running the company at the time of alleged offence, as he had..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized money - Money involved in NDPS case - Petitioner has been released on bail - Whether cash recovered from petitioner at the spot was a drug money or not has to be established and determined upon conclusion of trial - No contraband recovered from petitioner - In such circumstances lying of amount with..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized amount - Recovery of contraband and bag containing 6 lakhs - Question as to whether money recovered is drug money or not has to be established and determined upon conclusion of trial - Lying amount with prosecution agency is going to devalue the same - Amount directed to be released in favour of petitioner..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, 60 -- Confiscation - Vehicle piloting or accompanying another vehicle transporting Narcotic Drug and Psychotropic Substances cannot be held as vehicle used as conveyance in carrying contraband and said vehicle cannot be subject matter of confiscation u/s 52-A of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband has not levelled any frivolous allegation against wife - He was making efforts to save his marriage for future of minor daughter - Even, baseless allegations were made by wife against husband that he was having an extra marital affair and he was a drug addict - Behaviour of..........
Criminal Procedure Code, 1973, Section 482, Drugs and Cosmetics Act, 1940, Section 18(c), Drugs and Cosmetics Rules, 1945, Rule 65(5)(1)(b) -- Quashing of a criminal complaint - Impugned substance is solely used for drug manufacture, even then, the Appellants would not be liable under the Drugs and Cosmetics Act, 1940 since the Appellants already have the necessary..........
Drugs and Cosmetics Act, 1940, Section 18(a)(i), 16, 34 -- Sub-standard drug - Offence by Company - Liability of Directors - Appellants are neither Managing Director nor whole time Directors of Company - Accused Nos.9 & 10 have specifically been approved by licensing authority in Form 28 - Complaint is totally lacking the requirement of S.34 of the Act - Complaint..........
Drugs and Cosmetics Act, 1940, Section 34 -- Sub-standard drug - Offence by partnership firm - Partnership firm not impleaded as an accused - Directors or in-charge officers or persons responsible for conduct of day-to-day business of partnership firm, cannot be prosecuted for an offence which is deemed to have been committed by partnership firm, without impleading..........
Drugs and Cosmetics Act, 1940, Section 34 -- Sub-standard drug - Offence by partnership firm - No averments in complaint that petitioners are either incharge or responsible for conduct of day-to-day business of partnership firm - Continuation of proceedings against petitioners on the basis of complaint would be an abuse of process of law - Proceedings qua petitioners..........
Hindu Marriage Act, 1955, Section 12(1)(c) -- Annulment of marriage - Forcible marriage - Petition by wife - Wife stated that she was deceitfully taken to a temple by offering `Prasad' spiked with some drug and her signatures were obtained on blank papers - However, no evidence on record as to why wife remained silent almost for a period of 6 years - Nothing prevented wife..........
