Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 42 -- Appeal against conviction - Search of the truck had been made within the hours of sun set and sun rise - Proviso to Section 42(1) of the Act had not been complied with - It vitiated the conviction...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50 -- Appeal against conviction - The memos in question did not convey to the accused as to why they were being searched - As such the mandatory provisions of Section 50 had not been fully complied with - The provisions of Sections 42 and 50 of the Act applicable even if the search or seizure is to be made..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Appeal against conviction - Link evidence - The contents of two affidavits not put to the accused under Section 313 Cr.P.C. - Held that when these two affidavits were tendered in evidence, the defence made a specific statement that the accused persons did not want to cross-examine the two officials - In..........
Insecticides Act, 1968, Section 17, 29, 30 -- Sample - Where the sample taken was in a sealed packing and in original pack, dealer is fully protected by the provisions of Section 30(3)...........
Criminal Procedure Code, 1973, Section 482 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 - Drugs and Cosmetics Act, 1940 - FIR - Petition for quashing - None of drugs seized falls within the mischief of "Narcotic Drugs" and "Psychotropic Substance" as defined in the Act - But they are "Drugs" or "medicines" as defined in the Drugs and Cosmetics Act -..........
Criminal Procedure Code, 1973, Section 389(2) -- Conviction under Section 304B I.P.C. - Appeal against conviction - Suspension of sentence - Sentence passed on `S' father-in-law of the deceased suspended during the pendency of the appeal and bail ordered to be allowed to him...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Rule 18 of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949 - When no limitation is prescribed for an application under Section 42 dealing with confirmation of the scheme, the application should be made within a reasonable time and this question..........
Delhi Municipal Corporation Act, 1957, Section 131 -- Delhi Municipal Corporation (Property Tax Return) Bye-laws, 1994, Bye-law 8 - Rateable value - Determination - Filing of return by the owner or occupier of any land or building - Filing of such return is obligatory under bye-law (3) - Return required to be filed under property Tax Return bye-laws and return required to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Section 438 of the Code applies to all no, bailable offences and not merely to offences punishable with death or imprisonment for life - Applicability of the section is not confined to offences triable exclusively by the Court of Sessions - There is no indication in Section 438 of the Code for justifying a..........
Indian Penal Code, 1860, Section 302, 307 -- read with Section 149 - Appeal against conviction - Appellant initially charged for offence under TADA - Learned designated Court considering the materials on record came to the finding that no case for an offence under TADA had been made out - The order passed that the case be transferred to the appropriate criminal Court -..........
