Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Bail - Search and seizure - Recovery of 14 bags containing total 490 Kgs of poppy husk lying along side wall of the drawing room - Petitioner alongwith another person found sitting on the cot in the same room - Recovery made is commercial quantity in terms of..........
Criminal Procedure Code, 1973, Section 340 -- 'Court' - Means the Court which initiates the proceeding under this Section and the offence must have been committed in a proceeding in that Court or in relation to such proceeding...........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 - Bail - Petitioner and co-accused found in possession of 72 kgs of poppy husk - At best it could be said that the petitioner was in possession of 36 kgs. of poppy husk - Same below commercial quantity - Bail allowed...........
Criminal Procedure Code, 1973, Section 109 -- Concealment of one's presence when he has reason to believe that he is doing so with a view to commit a cognizable offence would attract proceedings under the Section - Entrustment of property and disposal of the same in violation of any direction of law is sufficient to complete the offence...........
Indian Penal Code, 1860, Section 304 Part I -- When it is found that the act by which the death was caused was done with the intention of causing such bodily injury as was sufficient in the ordinary course of nature to cause death, the case would be covered under Section 304 Part I IPC...........
Indian Penal Code, 1860, Section 84 -- Insanity - Burden of proof - AIR 1984 SC 1563 followed wherein held: (1) Prosecution must prove beyond reasonable doubt that the accused committed the offence with the requisite mens rea and the burden of proving that always rests upon the prosecution (2) There is a rebuttable presumption that the accused was not insane when he..........
Indian Penal Code, 1860, Section 376(2) -- Expln. (1) - Gang rape - Accused present on terrace where Prosecutrix was raped and played some or other role - Conviction of 4 out of 7 accused u/s 376(2)(g) - Trial Court could have convicted the 3 acquitted accused under Section 376(2)(g) by taking recourse to explanation (1) to clause (g) of sub-section (2) of S.376 IPC...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Prosecution can make use of the presumption as to dowry death as enshrined in section 113-B of the Evidence Act only on proof of ingredients which constitute dowry death...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Can be drawn when the following circumstances are proved i.e. (i) death of woman was caused by burns or bodily injury or had occurred otherwise than in normal circumstances; (ii) such death took place within 7 years of her marriage; (iii) the deceased was subjected to..........
Indian Penal Code, 1860, Section 324, 34 -- Causing hurt by dangerous weapons - Evidence of eye witnesses showing that accused caused hurt by means of weapons referred to in section and corroborated by recovery of weapon from scene of incident and further corroborated by medical evidence - Non examination of I.O. though serious infirmity, is not fatal to prosecution case..........
