Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 25A, Criminal Procedure Code, 1973, Section 389(1) -- Suspension of sentence during pendency of appeal against conviction - Recovery of 325 gms heroin and 390 gms pseudoephedrine - Accused who was a proprietor of a courier agency was complicit with a foreign national in booking of two parcels containing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 12 packets of poppy straw - Secret information - Information received from informant neither taken down in writing nor copy of information given to immediate superior officer within 72 hours in view of S.42(2) of the Act - Mandatory provision of S.42 of the Act violated - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 12 packets of poppy straw - Contraband recovered out of plastic gunny bag containing 12 polythene packets of one kg each carried by accused - Provision of S.50 of the Act not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 12 packets of poppy straw - Representative sampling - One out of 12 packets of poppy straw sent for FSL - No sample taken from the remaining 11 samples - There is thus, violation of Standing Order 1/89 dated 16.9.1989 section II General Procedure for Sampling etc. - Nothing on record to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 12 packets of poppy straw - Non-compliance of S.55 of the Act - No evidence adduced on behalf of prosecution that recovered poppy straw was kept in a sealed cover and specimen was made in a proper way in safe custody from date of recovery upto date of sending one packet for testing to FSL - No..........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61, 1, 14 -- Anticipatory bail - Recovery of illicit liquor - Non-joining of independent witness in terms of S.100 Cr.P.C - No other case under Punjab Excise Act is pending against petitioner except two cases under IPC - Anticipatory bail granted with conditions...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Interim bail - Recovery of 260 gms heroin - Petitioner sought interim bail for a special purpose of attending marriage of his sister - He is also involved in 4 more cases pertaining to NDPS Act - However, interim bail for one day under proper custody of police is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Correction of mistake - Suit for recovery of stridhan/dowry/articles - Amendment sought for correction of factual mistake with regard to date of marriage and also place of marriage - Case is at initial stage, as issues are not yet framed - Nature of suit would not be changed by amendment - As regarding..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 27 -- Murder - Gunshot injury - Weapon of offence not recovered - Merely because weapon is not seized not a ground to acquit accused when his presence and his active participation and using firearm by him has been established and proved - Accused rightly convicted...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Injuries on head of deceased caused by a blunt weapon - Blunt weapon as deposed by eye witness is lathi in the hand of accused - Deceased suffered multiple injuries which shows attack by more than one person - Merely because PW was not believed in respect of another accused, testimony of said witness cannot be..........
