Motor Vehicles Act, 1988, Section 149 -- Permit - Truck was being operated in State of Delhi through it has permit only for State of Haryana will not constitute violation of condition of permit as insurance company has not able to establish that vehicle was being used for purpose not allowed by permit - No illegality in fastening liability upon Insurance Company...........
Indian Penal Code, 1860, Section 279, 304A, 337, Probation of Offenders Act, 1958, Section 4(b) -- Accident - Rash and negligent driving - Benefit of probation - There is overwhelming evidence to suggest that vehicle was driven by accused in rash and negligent manner, thus no leniency can be shown to accused - Benefit of probation not granted to accused - However, taking..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Collusion between lorry and car - Death of driver and one of passengers of car - Accident occurred due to rash and negligent driving of driver of offending vehicle - Place of occurrence is a curve and accused driving the lorry at a high speed which resulted in death of two persons - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 63, Criminal Procedure Code, 1973, Section 451 -- Vehicle seized for transporting narcotic drugs - Can be released on Sapurdari invoking provision of S.451 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Confiscation of seized vehicle - Conveyance seized under NDPS Act is liable to confiscation only when owner of conveyance who was given an opportunity by Court could not prove that conveyance was used without his knowledge or connivance - Trial Court has to take a decision as to whether vehicle is liable..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Vehicle over-turned - All five persons sitting in the vehicle injured and one died later on - Only one person was examined out of all injured, who improved his statement with regard to certain facts - Police officer who prepared site memo, not examined - Opinion of mechanic is two fold..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 14.5 Kg. of Charas - Appeal against acquittal - Contraband was recovered from car and not from abandoned motorcycle - Prosecution proved that accused were found in possession of contraband - Even, case property remained intact from its seizure till its production in Court - Since contraband was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 22, 29, 42 -- Recovery of 2022.20 kgs poppy pods - Appeal against acquittal - As per prosecution witness, muddamal bags transported in his private vehicle but he has not stated that bags were transported to godown - Even, prosecution witness are silent with regard to filling of bags of contraband - Moreover,..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Except for special reasons to be recorded for not doing so, till disposal of trial, Court must exercise its discretion expeditiously and judicially in releasing the custody of vehicle in favour of its registered owner after verifying the papers of ownership, insurance, tax and fitness etc, and may..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Release of seized vehicle - Offence u/s 8, 20, 23 of NDPS Act - Refusal to release vehicle may not be justified merely because some contraband is alleged to be recovered from vehicle or vehicle could have been subjected to confiscation, particularly when..........
