Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 50,000 tablets of Tramadol - Interim bail till receipt of FSL report - Tablets were packed, manufactured in a factory, having batch number and expiry date - Salt, potency and weight of tablets were there on packing - It is not the case where..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 409, 420, 447, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1), 4(1)(A) -- Quashing of FIR - Offence u/ss 379, 409, 420, 447, 120-B IPC, Ss.13(2), 13(1)(d) of 1988 Act and Ss.21, 23, 4(1),..........
Service -- Promotion on basis of departmental examination - Selection process - Challenge as to - Petitioners raised ambiguity in process of conducting written examination, as Subjects C and D were clubbed as one paper - However, it is clear from Rule applicable that there are four different subjects and candidates should secure 50% marks in each subject to be qualified -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for completing investigation - Application seeking extension of time is required to be supported by report of Public Prosecutor and not I.O...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 22(c) -- Default bail - Offence u/s 22 of NDPS Act - Application seeking extension of time for completing investigation is filed by prosecution - However, said application on basis of report prepared by I.O cannot be considered as compliance of requirement..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d)(dha) -- Discharge - Offence u/ss 323, 504, 506 IPC and S.3(1)(d)(dha) of SC/ST Act - Prima facie sufficient material against accused is available on record - Allegation shall be tested when..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Contraband - Quantity seized less than commercial - S.36-A(4) not attracted...........
Civil Procedure Code, 1908, Section 50, 52, Order 21, Rule 11 -- Execution - Money decree - Arrest of LRs of JD - Liability of L.R's is limited to assets which actually come to his hands - An order of arrest of L.R's of J.D. is not sustainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 20(b)(ii)(C) -- Recovery of 20 kgs Ganja - Nature of offence - Quantity recovered is 20 kgs, which cannot be said as commercial quantity - Conviction of accused u/s 20(b)(ii)(C) of the Act is not sustainable instead he can be convicted only for offence punishable u/s 20(b)(ii)(B) of the Act - Since..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 815 intoxicant tablets - Bail - Petitioner is first offender and he is in custody for last 7 months and 11 days - He is not involved in any other case - Custodial interrogation of petitioner is not required and conclusion of trial will take some time..........
