Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 100 injections of G-Norphine and 1000 tablets of Phenotil without valid licence - As per report of FSL Diphenoxylate Hydrochloride (2.5 mg), Atrophine sulphate (0.025) and Buprenorphine (0.29) were found in injections and tablets - Diphenoxylate not more than 2.5 mg. - Quantity of atrophine..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Compliance with provision of S.50 of the Act is mandatory and it must be construed strictly - Merely informing accused of his option to be searched either in the presence of a gazetted officer or before a Magistrate is not the compliance of the provision - It continues even after that - It is required that..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of complainant may be given on affidavit not only during course of trial but also at pre-summoning stage - Cognizance taken on basis of affidavit alone - Not fatal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search and seizure - Non-compliance of - Effect thereof - Held, no, compliance with the provisions of Section 50 shall render the whole evidence and story of the prosecution regarding the search and recovery as also the seizure of the article suspect and that shall result in the accused being acquitted on..........
Negotiable Instruments Act, 1881, Section 118 -- Recovery suit on foot of pronote and receipt executed by defendant - Plaintiff examined one attesting witness and scribe of pronote and their statements could not be impeached in cross-examination - Defendant admitted execution of pronote and receipt in written statement, but alleged that same was without consideration -..........
Negotiable Instruments Act, 1881, Section 118, Evidence Act, 1872, Section 3 -- Recovery suit on basis of pronote and receipt executed by defendant - Defendant referred to statement allegedly made by plaintiff in criminal case - However, said statement not part of evidence in recovery suit - Held, same cannot be referred to - Statement allegedly made by plaintiff in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 2(xv), Evidence Act, 1872, Section 45 -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Deputy General Manager - Quashing of proceedings - Absence of any specific averment against petitioner, who is Deputy General Manager of accused No.1 company, suggesting his consent/connivance/negligence in matter of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Charas - Hashish - Remnant material - As per FSL quantity recovered is less than small quantity - As per CRCL Laboratory quantity slightly more than small quantity - But not commercial quantity - FSL or CRCL reports nowhere mentioned what was remnant material - Held, entire recovered material cannot..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing - Petitioner had obtained loan from respondent No.1-financier and purchased vehicle - Cheques issued by him towards payment of installments were dishonoured - Vehicle in question was stolen - Plea of petitioner that since there was a..........
