Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 40 injections of avil and 40 injections of norgesic - Search and seizure - Material discrepancies in statement of PW3 and PW5 regarding time of recovery - PW3 gives no explanation about mentioning of FIR number in some of documents, whereas, PW5 has stated that same were incorporated on..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Accused deposited the compounding fee - Conviction set aside - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15(c), 26(d) -- Recovery of 10 bags of poppy straw - Violation of conditions of licence - Plea of defence that violation of conditions of licence can be punished only u/s 26(d) NDPS Act - Not tenable - As the contravention of licence in relation to poppy straw has been dealt with in S.15 NDPS Act and S.26 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15(c) -- Recovery of 10 bags of poppy straw - Plea of defence that truck was standing near village `P' as it could not enter villages from where goods were purchased due to rain - However, no effort has been made by defence to prove that there was any rain on that day - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15(c) -- Recovery of 10 bags of poppy straw - Reduction of sentence - Accused has undergone 8 years of imprisonment out of sentence of 10 years imprisonment imposed on him - As accused is on bail since year 2010, no ground to reduce the sentence to period already undergone by accused in view of mandatory..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once cheque has been signed and issued in favour of holder, there is a statutory presumption that it is issued in discharge of legally enforceable debt or liability - This presumption, of course is rebuttable one if issuer of cheque is able to discharge the burden that it was..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Accused may adduce evidence to rebut the presumption - But, bare denial of passing of consideration and existence of debt, apparently would not serve the purpose of accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Application by accused for summoning of Income tax return of complainant for the year 2013-2014 - These documents are relevant to establish financial capacity of complainant at the relevant time - Application allowed - Complainant directed to produce income tax..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 520 gms heroin - Charge for offence punishable u/s 29 of NDPS Act framed against accused - No charge for offence punishable u/s 21 of the Act was framed against him - In absence of charge u/s 21 of NDPS having been framed, accused `T' would be seriously prejudiced by conviction for offence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 520 gms heroin - Prosecution failed to prove that parcel A containing sample contraband which was kept in malkhana with two seals but when produced in Court, only one broken seal was found which creates a doubt as to whether contraband was kept safely and securely and was not tampered with -..........
