Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482 -- Second revision petition in the guise of S.482 Cr.P.C. is not maintainable when petitioner already filed revision u/s 397(3) Cr.P.C. before the revisional Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b) -- Seizure of contraband - Contraband weighed by taking weighing scale from nearby shop - Owner of shop not called during trial - Weighment scale not produced - Held, weighment is not properly proved - Accused should be treated as an offender for the smallest quantity - Conviction u/s 20 (b) (ii) (C)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Resolution passed whereby Managing Director authorised to 'Conduct proceedings on behalf of company' - Such expression does not include to file a complaint on behalf of Company...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by unauthorised person, resulting in acquittal of accused - Complaint company raised plea that there was resolution passed by company authorising Director of company to file complaint - However, no good reason assigned why this resolution was withheld from Court when issue of authority..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Sample sent to Forensic laboratory - Difference of weight in the sample of 50 gm. sent and the sample of 65.5606 gms. received by laboratory - Effect on prosecution - Sample drawn was weighed with weighing scale taken from grocery shop - It is common knowledge that weighing scale and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35, 54, Criminal Procedure Code, 1973, Section 315 -- Recovery of charas - Conscious possession - Charas recovered from car driven by accused - Co-accused took lift in the car - Both the accused were knowing each other - Held, once recovery is effected, it has to be presumed that the accused was in conscious..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred complaint - Complaint cannot be considered on merits unless delay is first condoned - Before condoning the delay the accused is liable to be heard - Summoning order without notice and hearing the accused on delay condonation application set aside - Matter remanded back for decision afresh -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Ganja - Recovery of 130 grams kept in 15 small packets - Sample - Must be taken from each packet - In the instant case sample taken from 2-3 packets - It cannot be said that the remaining packets were also carrying some contraband of which a representative packet was made and it was a circumstance which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Ganja - Recovery of 130 grams kept in 15 small packets - No evidence where the contraband and representative sample were kept from 30.8.90 to 11.9.90 i.e. the date of seizure and date of sending sample for analysis - Malkhana register not proved - I.O. did not depose where the samples were kept - No oral..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Non compliance with the mandatory provision of S.42(2) of the Act - The same is fatal to the prosecution case...........
