Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b) -- Ganja - Recovery from a suitcase and kit bag - Four accused were standing whereas bags were found with them - Seizure witnesses also deposed to the said extent - It also did not come out in evidence that they were other persons standing close to the said bags - Held, it is conclusively proved that the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheques issued against loan for purchase of lorry - Bank subsequently seized vehicle and sale proceeds adjusted against loan - Dishonour of post dated cheques - No offence u/s 138 of the Act is committed - Once the financier exercises the option of seizure of vehicle, post dated cheques..........
Indian Penal Code, 1860, Section 302, 380 -- Murder - Robbery - Seizure of ornaments - PWs 6 and 7 who are witnesses to seizure of ornaments have remained firm in their statements and could not be shaken at all in their cross-examination - They have corroborated in full measure the evidence of PW18, Investigating Officer, as regards search and seizure of those ornaments -..........
Evidence Act, 1872, Section 145 -- Previous statements in writing - Cross-examination - Minor contradictions - Held, minor contradictions appearing in evidence cannot vitiate prosecution case unless it affects substance thereof - Prosecution witnesses have withstood test of cross-examination and have given unfaltering statements with regard to search and seizure of..........
Indian Penal Code, 1860, Section 24, 25, 206, 421, 424, 207, 208, 210, 243, 246, 247, 248, 249, 250, 251, 252, 253, 261, 264, 265, 266, 415, 416, 417, 418, 419, 420, 422, 423, 463, 464, 465, 466, 467, 468, 469, 470, 471, 474, 477, 496 -- Fraudulently - A person is said to do a thing fraudulently if he does that thing with intent to defraud but not otherwise - Term..........
Motor Vehicles Act, 1988, Section 206(2) -- Seizure of driving licence - Police can seize driving licence when there is apprehension of absconding or that that person will avoid service of summons - Seized driving licence has to be produced before Magistrate - Magistrate is bound to return the licence to said person, on production of the acknowledgment given to him by the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 42(1) -- Offence u/s 18 NDPS Act - Search and seizure made by SHO who was not authorised for same - Time in seizure memo not recorded in its carbon copy - Recovery doubtful - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50,42 -- Search and seizure - Gazetted officer - Statutory right - Accused searched by SHO after preparation of letters of consent to the effect that they were ready and willing to be searched by officer-in-charge in place of a gazetted officer - Accused at no point of time was informed that he had a statutory..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Information received - Has to be recorded in writing and immediately a copy is to be sent to the superior officer - Information received while on patrol duty which calls for immediate action then information be recorded in writing and to sent to superior officer when practical - Writing down the..........
Arms Act, 1959, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i) -- Cannabis plant recovered from the possession of the accused during raid - Seizure of the gun effected subsequent to raid - No allegations from any of the witnesses that accused has used such gun - Held, mere seizure of gun powder from the possession of accused does not..........
