Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36C, 36A, Criminal Procedure Code, 1973, Section 4(2), 190, 193 -- Offence under NDPS Act - Cognizance by special court - Procedure for - Held, special court is supposed to take cognizance on the basis of investigation report/complaint submitted before it - NDPS Act does not require a committal proceeding to be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 35, Criminal Procedure Code, 1973, Section 457, 451 -- Cognizance by special court - Presumption u/s 35 against accused - Held, S.35 of the Act reveals that it creates a rebuttable presumption against accused - Said presumption cannot be drawn at initial stage of taking cognizance - It can be invoked only..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount (keeping in view the cheque amount and the simple interest thereon at 9% per annum as the reasonable quantum of loss) and direct..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Can be awarded only when sentence does not include fine but only imprisonment...........
Negotiable Instruments Act, 1881, Section 143 -- (As amended) - Dishonour of cheque - After insertion of S.143 with effect from 6.2.2003 Magistrate First Class trying an offence u/s 138 of the Act can impose fine exceeding Rs.5, 000/-, the ceiling being twice the amount of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Appeal - Submissions/contentions raised on behalf of parties have not been considered/dealt with by trial Court - Impugned judgment set aside - Matter remanded to trial Court for a fresh decision in accordance with law...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43, 37(1)(b)(ii),, 21(c) -- Contraband - Seizure, its testing, sampling and preparation of mahazar - All acts need not to be done at the very place from where interception is made - Not violative of Ss.42 & 43 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint to introduce a plea that fourth accused was incharge and responsible to the company for conduct of its business - Amendment if allowed, will result in substantial change in nature and character of the case causing serious prejudice to the fourth accused - Petition for amendment..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant/no, applicant made a statement at bar that compromise has taken place between parties outside Court and in pursuance to that complainant/no, applicant has received an amount of Rs.55,000/- from applicant/accused and prayer is made for compounding the offence u/s..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Notices were given by complainant to accused and Magistrate after considering whole evidence was of view that there was prima facie evidence to establish case u/s.138 of N.I. Act against accused and then he was summoned by Court..........
