Criminal Procedure Code, 1973, Section 127 -- Maintenance enhancement of - Learned Chief Judicial Magistrate enhancing the maintenance awarded to the respondents under Section 127 Cr.P.C. from the date of application - Held that the Learned Chief Judicial Magistrate has not fallen into any error in awarding enhanced maintenance from the date of petition...........
Criminal Procedure Code, 1973, Section 401 -- Penal Code,1860, Sections 326/324/323/148 read with Section 149 - Revision against conviction - Statement of injured on oath has been fully corroborated by the eye witnesses and the medical evidence - Moreover in the case of an injured witness, there is an oblique chance of false, implication of a stranger - No infirmity found..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 - - Appeal against conviction - Search of the accused on suspicion by a police officer stating to be Superintendent of Police - The said police officer deposing in evidence that the accused was made aware of his right to be searched in the presence of a gazetted officer or a Magistrate - Accused reposing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 55 -- The opium allegedly recovered from accused not entrusted to the officer in charge of police station allegedly present at the spot of occurrence - Only entrusted his seal alleged to have been affixed on the parcels to the incharge of police station - Held that this is violation of the provisions of the..........
Criminal Procedure Code, 1973, Section 125, 482 -- Maintenance - Petitioner challenging the relationship with respondent - As not legally wedded wife - Concurrent finding of a fact in respect of relationship of petitioner by trial court by Additional Sessions Judge in revision - Held that a back door entry can hardly be permitted by taking shelter under Section 482 of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Evidence Act, 1872, Section 27 - Appeal against conviction - Disclosure statement - Admissibility in evidence - Appellant was not accused of any offence at the time when his statement was recorded by ASI - He could not have been arrested because he had not committed any offence- The alleged recovery as a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- The offer under Section 50 is to be given with regard to the search and not before any recovery to be made in pursuance of a disclosure statement made under Section 27 of the Evidence Act - Mandatory provisions of Section 50 of the Act not complied with - Judgment of conviction passed by trial Court..........
Criminal Procedure Code, 1973, Section 401 -- Case under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 - Revision - Additional Sessions Judge setting aside the order of conviction passed by Chief Judicial Magistrate - Remands the matter for conducting fresh trial - Observations made that PW1 never produced for cross-Examination - Statement of Food..........
Criminal Procedure Code -- Sections 228 & 240 - Framing of charge - If on the allegations of the report, supported by documents, a triable issue arises in favour of the complainant, which should be investigated at the full length trial, the Court should be armed with a power to frame the charge, though it must not behave like post office at the whims of the complainant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Appeal against conviction - Appreciation of evidence - Prosecution examining DSP as prosecution witness in whose presence recovery was effected - His statement under section 161 not recorded - Held that it is not mandatory for an Investigating Officer to record the statement of a witness under section 161..........
