Customs Act, 1962, Section 18(1)(b) -- Provisional assessment of duty - Goods imported can be subjected to chemical or other tests for purpose of assessment of duty, where proper officer deems it necessary to do so - `Deems it necessary' means that proper officer has good reasons for doing so - In the instant case importer furnished all necessary documents to support fact..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. - Second statement - Permissibility - Petitioner already given her statement once u/s 164 Cr.P.C on asking of investigating agency but she knowingly gave a false statement - Petitioner can be proceeded against for giving a statement that is false to her knowledge and belief - She has no right to..........
Criminal Procedure Code, 1973, Section 24, 301 -- Public Prosecutor - Appointment - Criminal case registered at place `T' but trial of case transferred to place `K' - Trial Court of place `K' held the trial and passed the order - Appeal before High Court - Place `K' is sole prosecuting agency and it was alone authorised to appoint public prosecutor - Place `T' has no..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Second anticipatory bail application - Petitioner has not been arrested for the last about 03 years despite being an accused in an NDPS matter, which shows prima facie inefficiency of investigating agency/prosecuting agency - He is also involved in..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Rash and negligent driving - Vehicle in question was driven so speedily, rashly and negligently that accused could not stop it upto 85 ft. even after application of brake, which resulted into death of 8 persons - It cannot be said that in all such..........
Criminal Procedure Code, 1973, Section 306 -- Pardon to accomplice - Application u/s 306 Cr.P.C. can be filed by prosecution or by one of accused, out of several - If application is filed by one of accused, Court should first refer it to prosecuting agency and then to pass an appropriate order - Judge himself should not take the task to determine the propriety of pardon -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 21, 23 -- Recovery of smack/heroin - Non joining of independent witness despite availability - No genuine and sincere efforts made by I.O to associate them - Raiding party remained at the spot for about thirteen hours but it is strange that not even a single independent witness was associated - Explanation..........
Criminal Procedure Code, 1973, Section 196, 460 -- Sanction for prosecution - Failure of investigating agency and of CJM to notice the absence of previous sanction falls within the prohibition enshrined in S.196 Cr.P.C. and cannot be brought within the pale of S.460(e) Cr.P.C. which would apply to generality of procedure covered u/s 190(1)(a)(b) Cr.P.C...........
Information Technology Act, 2000, Section 79 -- Exemption from liability of intermediary - S.79 of Act is valid subject to S.79(3)(b) being read down to mean that an intermediary upon receiving actual knowledge from a court order or on being notified by appropriate government or its agency that unlawful acts relatable to Art.19(2) of Constitution are going to be committed..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Prosecution failed to prove that accused was last seen with deceased - Accused arrested after three days of incident - It is unbelievable that he would not change his clothes and will roam around with blood stain clothes - Possibility that blood on clothes of accused and recoveries effected from him..........
