Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - - Case was listed for service of accused and on that particular day personal presence of complainant was not necessary, particularly when he engaged counsel to represent him - Complainant continued himself to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 29 -- Transportation of 3563.28 kgs Ganja - Search and seizure - Evidence relating to search and seizure of a huge quantity of ganja from a vehicle driven and controlled by accused `N' and `G' established from evidence of members of raiding party - Their evidence is substantially corroborated by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(2)(b), 8(c) -- Recovery of 30 kg ganja - Complainant himself is the I.O - Assistant sub-inspector/PW8 is the person who not only lodged FIR but had also carried out investigation which fact also been admitted by him in his statement before Court - Apparently rights of accused is violated by action of..........
Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(n) -- Sexual assault of minor girl by her own father - Medical evidence - Victim herself not stated either in her statement recorded u/s 164 Cr.P.C or in witness box that accused ever penetrated his penis in her vagina - Even medical evidence not suggestive that accused committed penetrative sexual..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Non executive Directors - In absence of any further averments as to their role in the company at the time of commission of offence, presumption u/s 141 of the Act cannot be raised against them - Summoning order and proceedings qua petitioners quashed...........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Release of vehicle - Vehicle involved in NDPS case - Vehicle is in possession of police since 2016 and it may outclaim its utility on account of its lying part without any use - Moreover, similar petition of co-accused has been allowed - Trial Court directed to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Bail - Offence u/s 18 NDPS Act - Recovery of 2.7 kg opium - Recovered contraband is marginally higher than commercial quantity - No other pending against petitioner and trial in the case may take long time therefore, bail granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Offence u/ss 21, 29 NDPS Act - Recovery of 265 grams heroin - Petitioner has undergone custody period of more than one year and no other case of NDPS Act is against him - Even, single prosecution witness has not been examined - Moreover, all..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Offence u/ss 21, 29 NDPS Act - Considering the custody period undergone by petitioner and keeping in view that even single prosecution witness has not been examined and all prosecution witnesses are official witnesses and there is no possibility that..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Offence u/s 15 NDPS Act - Recovery of 52 kgs poppy husk - Alleged recovery of contraband includes weight of bag and after excluding weight of bag, weight of contraband comes to about 50 kgs which is non-commerical quantity - Trial in the case is likely to..........
