Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55 -- Poppy husk - Recovery of 40.25 kgs. - Search and seizure under NDPS Act - Provisions of Criminal Procedure Code as to search and seizure apply to the extent the same are not inconsistent with the provisions of the Act...........
Banking -- Recovery of loans - Financial institutions are bound by law - Recovery of loans or seizure of vehicles can only be done through legal means - In the matter of recovery of loans, the lenders should not resort to undue harassment viz. persistently bothering the borrowers at odd hours, use of muscle power for recovery of loans, etc...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55, 57 -- Recovery of 20 kg. of poppy husk from accused - Violation of S.55 of the Act causing prejudice to accused - IO stated that he effected the recovery and produced the case property and accused before SHO - SHO not examined - No satisfactory explanation for his non examination - Also violation of S.57..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 100 -- Contraband - Recovery - Non joining of independent witness - At the time of apprehension of accused no public witness came to the spot - Evidence of official witnesses cannot be distrusted and disbelieved, merely on account of their..........
Criminal Procedure Code, 1973, Section 457 -- Rice - Release on superdari - Seizure of 150 bags of rice - Petitioner claiming to be owner of bags - Case of respondent that rice belongs to Antyodya scheme and was meant for public distribution - Held, in these circumstances it is necessary to decide to whom the rice belongs and further whether any confiscation order has been..........
Indian Penal Code, 1860, Section 376 -- Rape - Two person witnessed the occurrence - One declared hostile and other not examined as prosecution witness but was examined as defence witness who deposed that he did not witness committing any offence of rape - Material contradictions in respect of the time of seizure of the clothes of the prosecutrix and the forensic..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 50(4) -- 106 gms. of brown sugar found in possession of bag in the house of appellant - Independent witnesses not examined by prosecution during trial - Neither Malkhana register produced during trial nor Malkhana Incharge examined - Police constable who took sample to FSL not examined - No evidence that..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Supardari - Seizure of scooter with contraband - Confiscation proceedings not started - Scooter lying in malkhana for over a period of six months and it will get damaged if it is lying unattended - Petitioner can be asked to give an undertaking to keep the..........
Independent witness -- Not joined despite availability as no one was ready to join - Held, in case no independent witness was ready to join then the names who refused to join could have been recorded in the documents which were contemporaneously prepared at the time of alleged search and seizure - Their names could also be mentioned in the case diary - Non mentioning of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Investigation of case conducted by police officer who effected search and seizure of contraband - Accused acquitted...........
