Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 101 kg poppy straw - Truthfulness of independent witness - Merely because independent witness is not a resident of locality, does not make him doubtful, particularly, when incident had taken place on National Highway and likelihood of people residing in and around said Highway is remote, and he..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Determination of market value - Enhancement - Neither any evidence on record to prove that land was acquired previously nor any evidence to prove that his land is same and it is located in residential area of town - Even, there is no evidence to show that value of land determined by Court is in same locality -..........
Liquor vends on highways -- Directions issued for prohibition of liquor vends on highways viz: (i) All States and Union territories shall forthwith cease and desist from granting licences for sale of liquor along with National and State Highways; (ii) Such restriction shall extend to and include stretches of such highways which fall within the limits of a municipal..........
Constitution of India, 1950, Article 14, 226, Constitution of Jammu and Kashmir, Section 103 -- Construction of highway - Tender - Condition precedent - Tenderer should have ownership of equipments in working order and the word `ownership' includes possession of equipment on rental basis...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 61, 85 -- Recovery of 1.500 kg charas - Non-joining of independent witnesses - Accused apprehended on the Highway in front of Polytechnic - It was neither a secluded place nor an isolated place - Police should have joined independent witnesses from either bus stand or Chowkidar of polytechnic or PWD office -..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Market value - Land acquired for residential and commercial purposes - Properties do not abut national highway - Admittedly, it is situated about 375 yards away from national highway - It would not be just and proper to award land value of Rs.250 per sq.yard, which is granted to property in..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Market value - Rate allowed for adjacent lands two years ago at the rate of Rs.250/- per sq. yard - Acquired land has access not only to National Highway No.22 but also to National Highway No.73 - Held, appellants are entitled to their land value fixed at the rate of Rs.250/- per sq. yard along with all..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 290 gms charas - Non-joining of independent witness - Accused apprehended on National Highway - It was not an isolated or secluded place - There was lot of vehicular traffic on such road throughout day and night - No efforts made by IO to associate independent witnesses though available at the..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Chance trap - Trap laid in anticipation of a possible demand by some policemen on highway from some drivers - Said trap was laid pursuance to some complaints - However, there are no details of such complaints - Laying of chance trap in this manner raises suspicion - Evidence shows that accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 3 kgs charas - Appeal against conviction - Search, recovery and investigation by same police officer/I.O. - Where it is a case of chance recovery on highway without any prior information and Naka Bandi, no question of police officer/I.O. being complainant of case arises though search,..........
