Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d) -- Illegal gratification - Mere recovery by itself cannot prove charge of prosecution against accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 11 kg ganja - Reduction of sentence - Accused committed crime in the year 1997 i.e much before NDPS Amendment Act, 2001 came into force - Case of accused thus, regulated by unamended S.20 of the Act wherein though maximum sentence of 5 years R.I and a fine of upto Rs.50,000 was prescribed but..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Bail - Recovery of 40 kg poppy husk - Recovery effected was below commercial quantity - Without expressing any opinion on merits of case, bail granted...........
Indian Penal Code, 1860, Section 304(Part II), 201 -- Offence u/ss 304(Part II), 201 IPC - Recovery of blood stained weapon of offence - Recovery effected at the instance of accused from behind cooler in his house - Evidence of PW3, Panch of memorandum of panchnama as well as PW12, supports such recovery - PW8/photographer stated that there was no blood on the spot, as..........
Suit for recovery -- Suit for recovery of possession, damages and permanent injunction - Limitation - Suit filed in 2013 - Defendant/tenant contended that suit was barred by limitation as he was inducted tenant in 2009 and suit filed in 2013 - Contention rejected, as cause of action arouse only when notice dated 16.2.2013 was served on defendant qua which reply dated..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 1 kg Ganja - Independent witnesses not supported prosecution case and turned hostile, but they admitted their signatures on relevant documents - Official witnesses however, have unequivocally stated about search and seizure of contraband from possession of accused - Defence has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 1 kg Ganja - Non-compliance of provision of S.42 of the Act - Secret information received by PW9 and same was forwarded to superior authority on the same day - There is thus, substantial compliance of provision of S.42 of the Act - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 650 tablets of Tramadol - Bail - Recovery effected from conscious possession of accused is marginally higher than commercial - Challan has been presented - Conclusion of trial will take time - Investigation is complete and no recovery is to be made -..........
Indian Penal Code, 1860, Section 307, 323, 380, 34 -- Offence u/ss 307, 323, 380, 34 IPC - Land dispute between parties - Injuries sustained by injured witnesses were simple in nature - Offence u/s 307, 34 IPC held, not made out and at the most offence u/s 323, 34 IPC can be made out against accused - As regarding offence u/ss 380, 34 IPC, since there has been no recovery,..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 920 tablets of Tramadol, Dicyclomine & chlorpheniramine Malete Capsules - Accused is named as an accused in the case solely on basis of disclosure statements of co-accused - He is in custody since Sep 2020 - No other case of similar nature is..........
