Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Stay was granted subject to condition of payment of rent/damages - However, trial Court did not grant any damages/rent in decree - Trial Court has only ordered that plaintiff is entitled to claim damages if possession of property is not delivered pursuant to said decree by way of filing a..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Long time gap between alleged last seen and recovery of body - Whether the deceased had in fact gone with accused after which his dead body was found had not been proved - There is no definitive evidence of last seen and also the fact that there is a long time-gap between..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 250 gms charas - Independent witness not supported prosecution case - Accused were apprehended at 5.45 PM but I.O stated that photographs were clicked at 6.45 PM - However, in view of photographs it reveals that these photographs were clicked in broad day light where entire background was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Recovery memo did not bear the signature of accused - Private person had joined the police party and also signed the recovery memo but he was not made a witness by prosecution for the reason best known to it - More so, FIR no. has been mentioned on the recovery memo which puts a serious dent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non-following of S.50 of the Act may not vitiate trial but would render the recovery of illicit article suspect and vitiate conviction and sentence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 kgs Ganja - Ganja recovered from gunny bag - There was no personal search of accused - Compliance of S.50 of the Act therefore, is not necessary and I.O was not at all supposed to comply it...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4), Criminal Procedure Code, 1973, Section 46 -- Recovery of 3 kgs Ganja - Arrest of female accused - There is no female members in raid party - However, it is no case of accused before PW2 that he violated S.46 Proviso Cr.P.C - So statutory presumption u/s 46 Proviso Cr.P.C is that accused submitted herself..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Recovery of 3 kgs Ganja - Conscious possession - Prosecution established conscious possession of Ganja with accused - It is not the case of accused that she had no knowledge about contents of gunny bag - Even, it is not the case of accused that she did not try to abscond on seeing police officials -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B) -- Recovery of 3 kgs Ganja - Quantum of sentence - Quantity of 3 kgs Ganja is not commercial quantity - There is no minimum punishment when quantity of Ganja is lesser than commercial quantity - However, when quantity of Ganja is lesser than commercial quantity than subjecting the accused to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 100 gms intoxicant powder - Recovery effected from the bag carried by accused - Personal search of accused was not conducted - S.50 of the Act is not applicable...........
