Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8C, 9A, 25A, 29, 22, 30, Criminal Procedure Code, 1973, Section 482 -- Charge framed u/ss 8-C, 9A, 25-A, 29 and 30 NDPS Act - Quashing of complaint - Once charge is framed and trial is in progress, High Court will hesitate to cause interference...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 30 Kg. - Protracted trial of about 7 years - Accused first offender - No other offence committed after registration of the present case or earlier thereto - Sentence reduced from 3 years to one year RI and sentence of fine reduced from Rs.30, 000/- to Rs.15, 000/- but default..........
Protection of Women from Domestic Violence Act, 2005, Section 2(q) -- Respondent - Means an adult male having relation with complainant - Proceedings against females quashed - Objection as to jurisdiction to be raised before trial Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Can be allowed even when trial has commenced if Court comes to the conclusion that in spite of due diligence a party could not have raised the matter before commencement of the trial...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of - Conviction on the testimony of official witnesses only - Independent witness given up as he was won over - Nothing brought on record by defence to discredit the evidence of the official witnesses - Order of High Court acquitting accused set aside and order of conviction by trial..........
Indian Penal Code, 1860, Section 380, 452, 506 -- Tractor with other articles removed from house by breaking the locks of house - Plea of accused that tractor was purchased from joint family funds - Further plea that only interested witnesses examined - Trial Court and Appellate Court rejected both the pleas - Protracted trial of 11 years - Sentence reduced from 1-1/2..........
Criminal Procedure Code, 1973, Section 154, 161 -- Criminal trial - A fact deposed to by the witness not finding mention in the FIR and in the statement u/s 161 Cr.P.C. - Held it is an improvement and cannot be considered...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Where the acquittal by Trial Court is based on total inappropriate appreciation of evidence, surmises and conjectures - Also where Trial Court instead of considering relevant aspects considered irrelevant aspects - Acquittal is liable to be set aside...........
Indian Penal Code, 1860, Section 302, 323, 34, Criminal Procedure Code, 1973, Section 378 -- Murder - Appeal against acquittal - Since High Court without proper analysing of evidence came to abrupt conclusion and upset the detailed conclusion arrived by Trial Court - Matter remitted back to High Court for fresh consideration...........
Indian Penal Code, 1860, Section 302, 341, 307, 34 -- Acquittal by trial Court - Conviction by High Court - FIR promptly lodged - Copy of FIR forwarded to Magistrate without delay - Evidence of PW1 relating to attack on deceased corroborated by documentary evidence and oral testimony of PWs.4, 11, 2 & 3 - PW3 independent witness and her house located opposite the place of..........
