Maharashtra Control of Organised Crime Act, 1999, Section 22, 23(1)(a) -- Conviction - Quashing of criminal proceedings - It would be clear from the provisions contained in clauses (a) and (b) of sub-sections (1) and (2) of Section 22 of the MCOC Act, enable the Special Court to mandatorily presume that the accused has committed an offence of organized crime if it is..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Demand and acceptance - Mere recovery of tainted money without proof of demand will not render accused guilty of offence u/ss 7, 13(1)(d) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6 kgs opium - Recovery of contraband had taken place from bag which was held by accused in his hand and not from personal search of accused - Question of compliance or non-compliance of S.50 of the Act is irrelevant - S.50 of the Act not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6 kgs opium - Search and recovery from a bag, brief case, container etc. does not come within ambit of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 6 kgs opium - Parcel containing sample was sent to office of chemical examiner was in an intact condition and seals were very clear - As case property was lying in judicial Malkhana for almost 2 years and was produced in Court in 2010 - During this period some damage was caused to case property..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 6 kgs opium - Testimony of official witnesses - Cannot be discarded on the round of their official status...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Recovery from a public place - There is thus, no need of compliance of mandatory provision of S.42 of the Act - Provision of S.43 of the Act is applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 54 -- Recovery of 50 bags of poppy husk - Conscious possession - Accused was found sitting over 50 bags of poppy husk along with other co-accused - He was apprehended at the spot whereas co-accused ran away from the spot - No explanation was offered by accused as to how he was in possession of contraband -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - Mere fact that CFSL form was not filled at the spot and was filled subsequently, case of prosecution cannot be discarded especially when recovery was effected from accused and it was found by FSL that seals on samples analyzed were found to be intact - Accused rightly..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - Merely because case is based on testimonies of official witnesses, their statements based on oath cannot be discarded by Court...........
