Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 27A, 29 -- Suspension of sentence during pendency of appeal - Conviction u/ss 27-A & 29 of NDPS Act - Held, sentence awarded under NDPS Act can be suspended by the appellate Court only and strictly subject to the conditions spelt out in S.37 of the Act...........
Indian Penal Code, 1860, Section 304B, Criminal Procedure Code, 1973, Section 432 -- Conviction u/s 304-B IPC - Government has no power to grant remission sentence in dowry death cases...........
Indian Penal Code, 1860, Section 376 -- Rape - Accused facing trial for 25 years - Not a ground to reduce sentence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - As soon as accused was apprehended IO suspected that accused was carrying some contraband - IO admitted that no offer was given to accused regarding personal search from Gazetted Officer or a Magistrate - Non compliance of mandatory provision - Vitiates conviction and sentence...........
Indian Penal Code, 1860, Section 302, 304 -- Part I - Nature of offence - Six accused - Injuries not inflicted on vital parts of body - Injuries inflicted on arms, legs etc. - Conviction altered from one u/s 302 IPC to an offence punishable u/s 304 Part-I IPC - Accused in jail for almost five years - Sentence reduced to period already undergone...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Mere fact that during the trial, accused were granted bail and there was no allegation of misuse of liberty, is not of much significance - Court is required to record reasons in writing for ordering suspension of execution of sentence - High Court while granting suspension of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conviction - Appeal against - Death of accused during pendency of appeal - Conviction upheld - Appeal abates qua the substantive sentence and sentence awarded in default of payment of fine - However, imposition of sentence of fine does not abate - Recovery of fine to be made from the estate inherited by..........
Contempt of Courts Act, 1971, Section 2(a) -- Contempt of Court - Imposing of fine for the time being - There is no provision in the Act or any precedent to impose sentence upon the contemnors in piece meal...........
Contempt of Courts Act, 1971, Section 2(a) -- Contempt of Court - Person found guilty of contempt of court should be punished on the same day - Case cannot be adjourned for hearing on quantum of sentence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 40 Kgs. - Accused convicted and sentenced to 3 years and to pay a fine of Rs.10, 000/- - Accused faced trial for 8 years - Sentence reduced to one year and four months - Amount of fine reduced to Rs.5, 000/-...........
