Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20(b)(ii)(c), 29 -- Bail - Contraband - Recovery effected from the vehicle - Link of accused to the alleged owner of said contraband and proximity of two vehicles when same was intercepted at the said Naka Check post is on record - Commercial quantity was recovered..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Confiscation - Seized vehicles can be confiscated by Trial Court only on conclusion of trial when accused is convicted or acquitted or discharged - Further, even where Court is of the view that vehicle is liable for confiscation, it must give an opportunity of hearing to the person who may claim any right..........
Criminal Procedure Code, 1973, Section 452 -- Release of seized vehicle - Vehicle involved in NDPS case - State is unable to give any definitive timeline as to when trial against A-5 would conclude - Vehicle in question thus, released after preparing a video and still photographs of vehicle, subject to appellant furnishing a surety bond of Rs.2,10,000 instead of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Involvement of minor/appellant No.2 in accident - Father of appellant No.2 was driving vehicle at material time and not appellant No.2/minor - Minor was merely a passenger seated beside driver and had no role in the accident - Neither substantive or direct evidence establishing involvement of minor in the accident in..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Once a charge sheet has been filed and driver of offending vehicle has been held negligent, no further evidence is required to prove that vehicle was being negligently driven by bus driver - Even if eyewitnesses are not examined, that will not be fatal to prove death of deceased due to negligence of driver..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Occurrence took place in 2006 whereas appellant was identified in the Court for the first time in 2013 i.e. after more than 7 years of occurrence - It is highly unlikely that PW10 was able to identify the appellant after so many years - Therefore, identification is not sufficient to establish..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338, 427 -- Rash and negligent driving - Collusion between Trolla and scooty - The only question involved is whether accused was identified or was driving Trolla at the relevant time - Accused admitted that he was driving offending vehicle/Trolla, but he was not driving in a rash and negligent manner - Thereafter, he tried..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - While entertaining a plea u/s 457 Cr.P.C., criminal Court is only supposed to examine as to which party is best entitled to get back possession - Ownership may be one aspect but another aspect would be entitlement of retaining the possession...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Mere mis-description of make of vehicle could not have been treated as consistency or a ground to dismiss the claim petition itself, particularly when there is no change in the registration number of offending vehicle...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Mere mis-description of make of vehicle could not have been treated as consistency or a ground to dismiss claim petition itself, particularly when there is no change in registration number of offending vehicle...........
