Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b) -- Morphine - Recovery lesser than commercial quantity and above small quantity - Accused liable to be convicted u/s 21(b) and not u/s 21(c) of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 255, 302 -- Dishonour of cheque - Death of complaint - Legal heir permitted to conduct prosecution - Cannot be treated as complainant or a substitute for the complainant - In case legal heir of deceased complainant is absent, Court shall not acquit accused u/s 256(1) Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 25 Kg. - Sample - To be sent to Chemical Examiner only with the directions of the Courts on a request of I.O. - Otherwise, a concocted sample can be sent straight away by a police sleuth to the Chemical Examiner to foist a case against an innocent person...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1kg of opium from the accused - Sample sent to CFSL after eight days - CFSL form number 29 not filled at the spot - No explanation for non examination of sole independent witness - Head constable allegedly remained in possession of sample till its dispatch for analysis not examined - Suspicion..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by Company - Accused/petitioners filed respective affidavits wherein they admitted that they are authorized signatories of company - However, they took plea that they have distributed business affairs of the company and thus not liable for any act or conduct of the affairs of the company -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 154 -- Poppy husk - Recovery of 10 Kgs. by police party on patrol duty - Accused acquitted on the following grounds : (i) Sole independent witness though allegedly won over was not examined and thus there was no occasion to confront the independent witness with his earlier..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 17 Kgs of opium - Appreciation of evidence - Two Independent witness resiled and other witnesses not willing to come forward to support the prosecution case - Even, evidence of official witnesses differed with each other on material particulars - Prosecution failed to prove its case -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54 -- Recovery of poppy straw from the conscious possession of accused - Accused acquitted as (1) Neither any specific question with regard to conscious possession framed nor put to the accused while recording his statement u/s 313 Cr.P.C.; (2) Seal after use not given to independent witness but retained..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- S.36-A NDPS Act has over riding effect on provision of S.167 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Complaint - Compounding of offence - Entire amount due and payable by petitioner to respondent under cheque in question has been paid by petitioner - Held, parties permitted to compound offence committed by petitioner u/s.138 of N.I. Act - Consequently, on deposit of Rs.67,200/- being 15% of total..........
