Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 32B -- Recovery of 1 kg heroin - Commercial quantity - Reduction of sentence - Accused was found to be in possession of 1 kg heroin and he sold it to informant - He cannot be said to be a mere carrier - Offence in question has a deadly impact on society as a whole - Even otherwise, Special Court has taken..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Recovery of cell phone of deceased at the instance of accused - Cell phone was never subjected to TIP - Even, there is no evidence on record that said cell phone actually belongs to deceased - Neither last location of cell phone at the instance of accused nor call details of cell phone have been produced by..........
Civil Procedure Code, 1908, Section 47 -- Execution - Eviction decree - Objections - Landlord obtained a lawful decree of possession and recovery of possession - Mere pendency of appeal filed by tenant against dismissal of his suit of permanent injunction filed against landlord, would not be impediment to proceed with execution of eviction decree - Landlord has not taken..........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Mere recovery by itself cannot prove charge of prosecution against accused...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter and divorced wife - Husband earning Rs.62,400 p.m - Mere fact that Rs.15,000 deducted to GPF and Rs.10,000 deducted to recovery of loan from salary of husband, he cannot be permitted to ignore his responsibility for maintaining his divorced wife and daughter on the ground of inadequacy of carry home pay,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420 -- Bail - Cheating - Mere recovery of amount in question from accused, cannot be a ground for denial of bail to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420 -- Bail - Allegation in FIR pertaining to duping of complainant of Rs.4 lacs in order to send son of complainant abroad - Mere recovery of amount in question from accused, cannot be a ground for denial of bail to accused - Moreover, it is not the case of State that in case accused is granted..........
Indian Penal Code, 1860, Section 361 -- Kidnapping - Mere recovery of a missing minor from custody of a stranger would not ipso facto establish offence of kidnapping - Thus, where prosecution failed to prove that incident of removal was committed by or at the instigation of accused, it would nearly be impossible to bring guilt home...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1000 Tramadol tablets - Recovery from licensed chemist from a place other than licensed premises and in respect of which accused could not produce any document to justify his possession - Such like possession, even if by a licensed chemist would..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3 kg 100 gms charas - Complainant himself is I.O - Plea of biasness - Mere deficiencies in investigation or chinks in prosecution case cannot be sole basis for concluding bias - Accused have at no stage claimed that there existed an enmity or other motive for police to falsely implicate them..........
