Criminal trial -- Disciplinary and legal proceedings - Special Court while acquitting respondents under NDPS cases held that petitioner and other individual had committed irregularities while discharging official duties as public servant and directed Director General of Police to initiate appropriate proceedings against them u/O.35.R.6 of General Rules (Civil and..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Mere filing of an appeal cannot and does not operate as a stay of order appealed against - So, merely because order of injunction has been challenged before higher forum does not ipso facto mean that order of appealed against no longer exists, unless of course an order of stay..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Non appearance in police station and thus violating condition of bail - In a situation wherein chargesheet has been filed and trial is in progress, direction to appear in police station is prima facie not tenable - Cancellation of bail merely on the pretext of non-appearance in police..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Solitary independent witness not examined by prosecution and given up as having been won over - PW3 stated that independent witness had come to place of recovery at about 7.30 A.M. which is much prior to apprehension of accused, who was allegedly apprehended at about 8.30 A.M - Consent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 57 -- Contraband - Non-compliance of provisions of Ss.52, 57 of the Act - No special report sent by I.O. to his immediate superior officers and investigation was also not verified by any Gazetted Police Officer - I.O. did not comply with directory provisions of Ss.52 and 57 of the Act - Rather it appears..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Victim has not supported prosecution case and has exonerated accused in her examination - Material exhibit sent to Forensic Lab for examination did not find anything incriminating in them - Merely by I.O. stating that accused was brought at police..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Search and seizure - CFSL Form was not prepared at the spot and sample seal impressions were not preserved and were not deposited with MHC of Police Station with case property and not transported to Director CFSL with samples for comparison of seal - Seal was not handed over to independent..........
Criminal Procedure Code, 1973, Section 407 -- Transfer and consolidation of two cases - Both the offences relates to same chain of events and accused in both the cases are same - Filing of second FIR by police is thus, not proper - Same accused are being forced to face two trials and in two trials, evidence will have to be adduced separately - Since series of events..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 497 -- Release of seized gold and silver jewellery articles - Alleged jewellery articles were seized from house of petitioner and concerned jeweller have prima facie verified the bills - Seized jewellery articles cannot be kept in custody of police, indefinitely in anticipation that complainant would come forward to claim..........
