Narcotic Drugs and Psychotropic Substances Act, 1985, Section 51 -- Search - Compliance with the mandatory provision - Superintendent of NCB is duly authorizes to personal search - Notice u/s 51 of NDPS Act is mandatory and was given to accused before conducting the search by superintendent - Recovery of 8 kgs. `Heroin' is unlikely to be planted by NCB officials from their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 51 -- Contraband - Facts indicate that accused `S' and `J' were arrested with contraband and `S' was badly tortured and made to give statement u/s 67 of NDPS Act - Then at midnight `S' was taken to his home, from where his father `B' was picked up - No personal search of accused persons was conducted at the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 7 kg 40 gms opium - Non-compliance of S.50 of the Act - Accused was carrying contraband of about 7 kgs of opium in bag which he was carrying in scooter - Carrying contraband in scooter/bag cannot be said to be by the person necessitating compliance of S.50 of the Act for personal search -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 200 gms charas - Search and seizure - Accused acquitted, viz. : (i) No whisper in recovery memo as to prior to search of accused, police party took search of each member of police party and ensured that they are not possessing any illicit or unwanted object or suspect; (ii) verbal offer of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 25 kg poppy husk - Recovery of contraband not effected from personal search of accused - Provision of S.50 of the Act thus, not attracted - Even otherwise, Magistrate has apprised accused of his right to be searched before Magistrate or a Gazetted Officer...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney holder - Can depose only qua facts which are in his personal knowledge and cannot be allowed to be examined/cross-examined qua facts which are in the personal knowledge of principal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Narcotic Drugs and Psychotropic Substances Rules, 1985, Rule 66, Criminal Procedure Code, 1973, Section 439 -- Recovery of more than 100 gms of Alprazolam - Recovery falls within ambit of commercial quantity of recovered substance - Petitioner thus, not entitled to benefit of S.37 of Act, irrespective of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Offence u/ss 302, 120B IPC - No exceptional circumstances made out to decline bail to juvenile as indicated u/s 12 of the Act - Hence, bail granted - However, juvenile is directed to furnish personal bond by his natural guardian (father) of Rs.40,000/- alongwith surety of like..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape on pretext of marriage - Live-i, relationship between parties - Petitioner never promised prosecutrix that he will marry her - He never made any obscene video of prosecutrix with him nor had ever threatened her - Prosecutrix has stated in FIR that petitioner forced..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Claimed by Muslim wife - Both the parties are Muslim and are governed by their personal law - Provisions of Hindu Marriage Act being a special provision would not be applicable to Muslim parties - However, if the Muslim Wife wants interim maintenance then she is entitled to file an application u/s 125..........
