Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - However, cognizance taken after maturity of complaint - Mere presentation of pre mature complaint need not necessarily render the complaint liable to be dismissed - No ground to quash proceedings...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i), 35 -- Ganja - Conscious possession - Recovery while accused travelling in auto - Fact that ganja was carried in connivance with auto driver not established - Auto driver cannot be said to be in possession of ganja - Conviction of auto driver merely because he tried to over turn auto on seeing police -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35 -- Burden of proof - Can be discharged by even not adducing any evidence when circumstances appearing in prosecution case or in the prosecution evidence are such as to give reasonable assurance to the Court that appellant could not have had the knowledge or the required intention...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of - Seal - Safeguard to be maintained for sanctity of the search - Till despatch of case property to Chemical Examiner/FSL, seal should not be available to the prosecuting agency - In absence of such safeguard, the possibility of seal being tampered with, substance being changed and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of - Independent witness - Joined in investigation but not examined due to best reasons known to prosecution - Adverse inference rightly drawn by trial Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of - Recovery witnesses - Major discrepancies creeping in statement of both the recovery witnesses - One of the recovery witness showed ignorance with regard to the spot proceedings, in his cross examination, when asked about material particulars of the investigations conducted at the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of - Conscious possession - Accused found sitting on bags of poppy husk near a river - Not sufficient to prove conscious possession - Police did not ascertain whether bags belonged to accused or not and how bags were transported to place of recovery - Origin of bags not traced out -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Recovery of - Form No.29 - CFSL form should be prepared and sealed by the officer making seizure at the place where case property is seized - It should also be sealed by the SHO to whom the sample and the case property is handed over and the same should accompany the sample to the Chemical..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Recovery of - Where seal remains with the police after use and sample has been sent after a delay of 72 hours, this circumstance would be fatal to the prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Recovery of - Seal handed over to ASI and not to independent witness - Very purpose of giving seal to an independent person is to avoid tampering of the case property - Till case property is not despatched to the forensic science laboratory, the seal should not be available to the prosecuting..........
