Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii), 20(b)(ii)(c), 29, Criminal Procedure Code, 1973, Section 439 -- Post arrest bail - Recovery of hashish oil - Single Judge failed to record a finding mandated u/s 37 of NDPS Act, which is sine qua non for granting bail to accused under NDPS Act - High Court completely overlooked the underlying..........
Prevention of Money Laundering Act, 2002, Section 3, 4 -- Offence u/ss 3, 4 of the Act - Cognizance of offence - Prosecution levelled allegations of money laundering against accused, as per definition given u/s 3 of the Act - Offence of money laundering u/s 3 of the Act, is an independent offence and money laundering is a standalone offence under the Act - Petitioner found..........
Criminal Procedure Code, 1973, Section 70(2) -- Conversion of bailable warrants into no, bailable warrants - Offence u/s 3 of PMLA - Offences under PMLA are cognizable and no, bailable as per S.45 of PMLA Act - Court below after taking into account the nature of allegations levelled against accused, role of accused, impact of alleged offences on society and scope of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted - Memorandum of understanding (MOU) executed between parties - Accused willing to pay compensation amount with extra amount - In view of undertaking given by accused as also fact that accused has already suffered incarceration for more than four months, conviction and sentence set..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Mere fact that witness of seizure/independent witness has appeared as DW1 does not led to conclusion that entire prosecution story has to be disbelieved, particularly when he had not denied his signatures on seizure memo rather his excuse was that it was taken on blank paper which was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 10 kg opium - Non-compliance of S.57 of the Act - Mere not sending of report within two days cannot have such consequence as to vitiate entire proceeding, as provision of S.57 of the Act not to be interpreted to mean that in the event report is not sent within two days, entire proceeding shall..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - Earlier report filed from prosecution side, which holds accused prima facie guilty, cannot be ignored unless further investigation is directed to be made by higher Court such as High Court and Supreme Court to that effect...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - Offence u/ss 13(1)(e), 13(2) of P.C Act - There being two reports on record one exonerating accused while other being inculpatory report against him - In such situation, which of two reports should be relied upon is subject matter of evidence - It would be appropriate to frame..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of final report - When allegations against accused in final report filed by police contain ingredients of offences alleged against him and when prosecution has produced materials to prove such allegations, final report cannot be quashed by invoking power of High Court u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - If obscene words are uttered or used by accused even in a private place but which is located in close vicinity of a public place, in a manner audible to other persons and to annoyance of other persons, would attract offence punishable u/s 294(b) IPC...........
