Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg heroine - Illegal offer - Mere fact that an illegal offer was given, which was not accepted by accused, would not amount to non-compliance of S.50 of the Act...........
Prevention of Corruption Act, 1988, Section 17 -- Illegal gratification - Investigation by a police officer not of the rank of DSP or equal - Lapse only an irregularity - Unless irregularity results in causing prejudice, conviction will not be vitiated and bad in law...........
Prevention of Corruption Act, 1988, Section 19 -- Illegal gratification - Sanction for prosecution - A mere error, omission or irregularity in sanction is not considered to be fatal unless it has resulted in a failure of justice or has been occasioned thereby - S.19(1) of the Act is matter of procedure and does not go to root of jurisdiction and once cognizance is taken,..........
Prevention of Corruption Act, 1988, Section 19 -- Illegal gratification - Sanction for prosecution - PW1 issued and granted sanction for prosecution of accused - Accused was working as an inspector in DESU and PW1 was competent officer to remove him - PW1 after carefully examining allegations contained in material placed before him, granted sanction for prosecution -..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Accused being inspector in DESU demanded Rs.2000 for supply of electricity to PW2 - Currency notes were given to accused in a polythene bag - Presence of PW3, panch witness on the spot remains unchallenged - PW2, PW3 and PW5 (inspector) affirmed that accused produced currency notes given by PW2 to..........
Un-married couples -- Stay in hotel room - No laws or regulations forbidding unmarried persons of opposite sex to occupy hotel rooms - Occupation of hotel room by an unmarried couple, does not attract a criminal offence - Sealing of hotel premises on the ground that unmarried couple were occupying the premises, is totally illegal in the absence of any law prohibiting the..........
Liquor -- Consumption in hotel rooms - Sealing of hotel - Hotel did not sell or serve liquor to guests who were occupying their respective rooms and guests consuming liquor brought same by themselves - Same cannot be considered as impermissible - Consumption of liquor by guests in the hotel premises cannot be termed as illegal - Moreover sealing of hotel was in total..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No direct evidence to establish that accused either aided or instigated deceased to commit suicide or entered into any conspiracy to aid her in committing suicide - Even no material on record to show that immediately prior to deceased committing suicide there was cruelty meted out to deceased by accused due to..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 147, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Quashing of FIR - FIR discloses commission of a cognizable offence - No material on record that proceedings initiated by means of FIR are vexatious, frivolous or otherwise illegal - FIR cannot be quashed...........
Un-married couples -- Stay in hotel room - No laws or regulations forbidding unmarried persons of opposite sex to occupy hotel rooms - Occupation of hotel room by an unmarried couple, does not attract a criminal offence - Sealing of hotel premises on the ground that unmarried couple were occupying the premises, is totally illegal in the absence of any law prohibiting the..........
