Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Contraband - Non-compliance of S.55 of the Act - Recovery was made by Inspector/SHO - If he thought that being an SHO he was not supposed to comply with requirement of S.55 of the Act, he cannot be faulted - Prosecution cannot be doubted because case property was not resealed by Inspector...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD had specifically stated that he had never caused any obstruction or hindrance in execution proceedings - Attachment of property was already effected and perusal of previous orders reveals that earlier sale warrants were also issued but could not be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non-compliance - While non-compliance with S.50 does not necessarily vitiate the entire trial, it does vitiate the conviction and sentence if it is solely based on recovery made during such illegal search...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Non-compliance of S.50 NDPS - An illicit article seized from the accused during a search, which violates the mandate of S.50 NDPS cannot be used as admissible evidence of unlawful possession under the NDPS Act - However other material recovered during such a recovery may be used as relevant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 50, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Non-compliance of S.50 NDPS - As per record, heroin was recovered from the residence of the accused and not her person - S.50 NDPS only applies in the case of search of the person of suspect, pursuant to the apprehension of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Recovery of 30 grams of heroin - Bail - The name of the accused surfaced during further investigation, particularly through the disclosure statement made by the co-accused, from whom 300 grams of heroin were recovered - Further CDRs on record..........
Indian Penal Code, 1860, Section 363, 376(2)(f), 377, Evidence Act, 1872, Section 106 -- Kidnapping and Rape - Last seen evidence - Prosecutrix, aged 3 years, recovered from railway station `M' nearly 4 days after last seen with accused - However, prosecution neither examined any witness who had seen prosecutrix in company of accused at station `M' nor provided explanation..........
Indian Penal Code, 1860, Section 363, Evidence Act, 1872, Section 106 -- Kidnapping - Last seen evidence - Prosecution established fact that accused had taken prosecutrix aged 3 years, from custody of her mother and thereafter not returned her back home - Even, accused failed to offer any plausible explanation regarding what transpired during intervening period till..........
Recovery suit for money -- On basis of mortgage deed - Defendant availed loan of Rs.9 lakhs from plaintiff for purchase of suit property and executed mortgage deed - As per terms of mortgage defendant should redeem mortgage within 24 months after paying principal amount with 18% interest per annum - Defendant contended that he borrowed loan of Rs.6 lakhs and she repaid it..........
Bombay, Maharashtra Stamp Act, 1958, Section 53A -- Limitation - Recovery of the deficit duty is passed on 14 August 2012 which is beyond the period of 6 years and therefore, the impugned orders are beyond the limitation period provided under Section 53A(1) of the Act...........
