Civil Procedure Code, 1908, Order 37, Rule 5(3) -- Summary suit for recovery - Conditional leave to defend - Commercial dealing between parties - Summary suit for recovery filed during pendency of prosecution under N.I Act, which was subsequently unconditionally withdrawn - Plaintiff had option to institute a summary suit at very inception of dispute, but it consciously..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 23 -- Recovery of 1 kg 350 gms Charas - Non-joining of independent witness - Prior information - Search team was having prior information of contraband at 8 p.m - However, they reached the railway station at about 10 p.m - Railway station is at a distance of 10-15 minutes - Search team spent more than one..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 23 -- Recovery of 1 kg 350 gms Charas - Recovered charas was not sealed till next day of recovery, as there was no weighting machine on the spot and same was handed over to Guard - Contraband remained unsealed in possession of a Guard, who is also a recovery witness, for the whole night - Even no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg 350 gms Charas - Applicability of S.50 of the Act - Illegal charas was recovered from accused from wallet he was carrying, not recovered from his person - However, personal search of accused is also conducted - S.50 of the Act is applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg 350 gms Charas - Non-compliance of provision of S.50 of the Act - Neither in recovery memo nor in complaint it is mentioned anywhere that accused was informed by search team about his right of being searched before a Magistrate or a Gazetted Officer - Statements of witnesses given during..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 23 -- Recovery of 1 kg 350 gms Charas - Search and seizure - Charas was not properly sealed - There is discrepancy on this point in statements of PWs - Recovery memo that recovered charas was sealed in clothe and sample was taken - It was four to five samples, however, it has been nowhere mentioned in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 36 kg ganja - Non-compliance of S.42(2) of the Act - PW4 received information while he was on patrolling duty with his staff - However, there is nothing on record that in fact any such intimation regarding information is given to Superintendent of Excise - There is thus, no, compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 36 kg ganja - Non-compliance of S.55 of the Act - Delay in production of seized articles is fatal to prosecution case, when there is absence of any documentary evidence as well as oral evidence relating to safe custody of seized articles before its production in Court and explanation furnished..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 36 kg ganja - Non-compliance of S.57 of the Act - Seized articles were never produced before Special Judge within 72 hours of arrest and seizure - It was produced after 7 days - Full report of all particulars of arrest or seizure has to be made by person making arrest or seizure to his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 6 gms smack - Reduction of sentence - Accused has undergone a period of 33 days incarceration out of total 6 months R.I and also suffered agony and trauma of protracted trial - Recovery in question is accused's first offence - Sentence of accused thus, reduced to period already undergone by..........
