Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy straw - Seizure of - Independent witness not joined - Accused found sitting on three gunny bags containing poppy straw - Seizure made at 5.30 A.M. - It was outcome of sudden meeting between Police Party and appellant/accused - Difficult to get an independent witness - Recovery effected in presence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Delay of four days in sending sample to laboratory for analysis - Messenger who took the same not examined - Seals on sample found intact by laboratory - When inventory of samples was taken in the Malkhana long after, the seals were found to be intact at that stage as well - Report of..........
Vehicle finance -- Seizure of vehicle - Auction of vehicle - No proper prescribed procedure followed by the appellant while making the sale of vehicle in question as no reserve price of the vehicle was got assessed before putting it to sale - Even the respondent was not given any opportunity to make a bid at the time of public auction being a prospective buyer for..........
Criminal Procedure Code, 1973, Section 173 -- Case registered on the basis of seizure memo - SI seizing officer is the complainant of the case - Protest petition filed engaging private counsel - Integrity of complainant was at stake if final report was accepted by Magistrate and prosecuting officer not moving any protest petition to reject the final report - Held,..........
Indian Penal Code, 1860, Section 302 -- Murder - Seizure of weapon of offence at the instance of accused - Accused cannot be convicted on the basis of this circumstance alone when there is no other evidence against the accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of morphine - Search and seizure - Compliance report u/s 42 of the Act sent by wireless message immediately after search and seizure and arrest on same day - Held, there was no violation of provisions contained in S.42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of morphine - Search and seizure - Not mandatory for the prosecution agency to take public witness for search and seizure - Independent witness even though turned hostile, admitted signature on seizure memos - Held, sufficient to warrant an inference that witnesses were present at the spot of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of morphine - Search and seizure - Confessional statement suffered by accused - Admissibility - Accused failed to inform magistrate on dates of remand extension that he was harassed and forced to give confessional statements - Held, in absence of complaint, it cannot be contended that confessional..........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Vehicle finance - Forcible repossession of vehicle - For non-payment of monthly instalment of loan amount - OPs have repossessed the vehicle without giving any opportunity of being heard to the complainant - Action of appellant-OP held to be illegal and it is an act of unfair practice - Order of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 154 -- Poppy husk - Recovery of 10 Kgs. by police party on patrol duty - Accused acquitted on the following grounds : (i) Sole independent witness though allegedly won over was not examined and thus there was no occasion to confront the independent witness with his earlier..........
