Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 24, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1,37,665 tablets weighting 90 kgs - Bail - Large number of tablets were recovered from accused - However, prosecution cannot be heard to state at this preliminary stage that accused have been found to be in possession of commercial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 24, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1,37,665 tablets weighting 90 kgs - Bail - Charge sheet has already been filed - A-1 in custody for over a period of two years - Bail granted to A-1...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18(c) -- Recovery of 300 gms opium - I.O proved on record prosecution story leading to recovery of opium from possession of accused - PW3 had given evidence with respect of taking of sample parcel and sample seal of office of Chemical Examiner and also to the effect that same was not tampered while in his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18(c) -- Recovery of 300 gms opium - Reduction of sentence - Incident is of the year 2011 - Accused has never misused the concession of bail granted to him - He is about 50 years of age and is sole bread winner of family - Accused has already undergone 6 months 11 days actual custody out of total sentence..........
Indian Penal Code, 1860, Section 363, 366, 376(2)(n), 34, Protection of Children from Sexual Offences Act, 2012, Section 5(L) -- Kidnapping and rape - Determination of age of victim - Prosecution has not proved the date of birth of victim by examining school Head master/teacher - Even the ossification test was not conducted - Moreover, when prosecution itself had filed a..........
Indian Penal Code, 1860, Section 302, 506, 120B, 34, Evidence Act, 1872, Section 32(1) -- Murder - Dying declaration - Prosecution witness deposed that he did not remember whether deceased told him that accused attacked him and caused injuries and stated that he did not record the statement of deceased and that there were many policemen and general public at the relevant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Contraband - Applicability of S.43 of the Act - Chance recovery - Where search and seizure was made from vehicle used, by way of chance recovery from public road, provision of S.43 of the Act would apply...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 900 gms smack - Chance recovery - Contraband recovered after search of motor cycle of accused in public place - Compliance of S.50 of the Act not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 900 gms smack - Recovery effected from motor cycle of accused - Seizure of motor cycle is proved beyond reasonable doubt - Question of ownership of vehicle is thus, not relevant...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 900 gms smack - Non-production of contraband in Court is not fatal, when essential ingredients constituting offence are made out...........
