Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 222.800 kg ganja - Conviction - Non compliance of provision of S.50 NDPS - Ganja was recovered from the vehicle of accused persons - Search of vehicle cannot be held as personal search, thus Sec 50 not applicable - No violation of mandatory provisions - Conviction upheld...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Driver of offending vehicle did not possess an effective driving licence - Driver and owner of offending vehicle are liable to pay compensation - High Court rightly directed Insurance Company to first pay the compensation to claimants and then recover the same from driver and owner, who are jointly and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Driver of offending vehicle did not possess an effective driving licence - Driver and owner of offending vehicle are liable to pay compensation - High Court rightly directed Insurance Company to first pay the compensation to claimants and then recover the same from driver and owner, who are jointly and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 20 kg Ganja - Recovery effected from taxi of appellant/driver while he was carrying two passengers who fled away from the scene - It cannot be said with any certainty that appellant himself was carrying the contraband or has connived to carry said contraband in his vehicle - No incriminating..........
Indian Penal Code, 1860, Section 279, 304A, 337, 427 -- Rash and negligent driving - None of witnesses have stated as to what was registration number of vehicle involved in accident - It has not been stated by any of witnesses that petitioner was driving vehicle and was driving in a rash and negligent manner - Prosecution has tried to project that after incident,..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - There is no specific bar/restriction under the provision of NDPS Act for return of any seized vehicle used for transporting narcotic drug or psychotropic substance in the interim pending disposal of criminal case - In the absence of any bar under NDPS Act and in view..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Appellant is the owner of vehicle in question - Vehicles in police custody are stored in the open and consequently if the vehicle is allowed to be kept in the custody of police till the trial is over, it will serve no purpose - Vehicle in question allowed to be..........
Indian Penal Code, 1860, Section 279, 304A -- Accident - Rash and negligent driving - Deceased died in a road accident stands proved - However, there is no evidence on record that it is the petitioner who was driving the offending vehicle/truck on the date of incident - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Offending vehicle was at such a high speed that vehicle of deceased was dragged for about 15 feet and was not just an incidental collusion - Conduct of petitioner was rash and negligent one - Petitioner had failed to give a reasonable explanation when incriminating material was brought to his notice..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Stunts on public road - Death of Biker - Petitioner and his accomplice were driving a tractor on a public road at a dangerously high speed, and it is clear that they were doing motor sports - There is no reason to believe they would be unaware of consequences of motor sport with a modified vehicle..........
