Indian Penal Code, 1860, Section 393, 34 -- Robbery - Proof of - PW1 has said that at the moment miscreants dragged out cashier he got scope to press alarm bell and as soon as siren of bell started blowing miscreants became puzzled and meanwhile people came out and could be able to catch hold of three miscreants just outside the bank - PW2 identified appellants as the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Opium - Recovery of 4 Kg. from two plastic packets in the bag - Search memo prepared in presence of independent witness - Report of FSL that recovered material is opium - Held, in view of statement of prosecution witnesses, FSL report, seizure memo etc. conviction of accused upheld...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 4 -- Preventive detention - Delay - Order of detention passed eight months after seizure - Detention order not liable to be quashed as there was no undue delay so as to snap the link between the incident and the alleged potentiality of the detenu in indulging in smuggling activities..........
Hire purchase agreement -- Seizure of vehicle - Right of financier - Held, if the case arises out of hire-purchase agreement the financier has right to seize vehicle in default of any instalment by purchaser of vehicle...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(ii)(b) -- Ganja - Moisture content not required to be separately ascertained and excluded - Weight of contraband would be the weight taken at the time of seizure...........
Indian Penal Code, 1860, Section 148, 149, 452, 302 -- Seven accused entered the house of informant at night armed with country made pistols and licensed guns and caused death of deceased by firing shots at him - Trial Court convicted all of them - In appeal High Court found only appellant guilty of firing a shot at the deceased - Appeal against conviction - Held, that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of one kg. from bus stand - No independent witness joined - Recovery being minor falling within the ambit of non commercial quantity and chances of plantation could not be ruled out, it becomes the bounden duty of IO to observe all the safeguards provided under the Act, at the time of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Accused found in possession of 15 Kg of poppy husk - Accused convicted by trial court - Conviction set aside as prosecution case suffers from following infirmities : (a) No independent witness joined by the investigating officer at the time of alleged search and seizure, despite availability; (b) Alleged..........
Prevention of Corruption Act, 1947, Section 5(1)(e), 5(2), 16 -- Owing properties disproportionate to the known sources of income - Conviction - Accused fined Rs.20, 000/- and further certain assets were ordered to be confiscated and sold in public auction - Payer for deposit of the value of properties - Held, it is the present value of the properties which is relevant and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Recovery of 2.100 kg. opium - Link evidence - Failure of prosecution to prove beyond a reasonable doubt, all the links starting from seizure - Possibility of sample being changed or tampered with during the period it changed several hands till its reaching the Public Analyst, could not be..........
