Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227 -- Abetment of suicide - Discharge - Deceased borrowed money and gave money to accused - Accused failed to repay the same - Deceased repeatedly asked to repay the same, but when amount was not repaid by accused, deceased committed suicide after killing his wife and daughter - No evidence on..........
Indian Penal Code, 1860, Section 218, 222, Evidence Act, 1872, Section 106 -- Offence u/ss 218, 222 IPC - Burden of proof - Accused being a police constable himself allowed under trial to escape from custody - Incident happened in a broad daylight in crowded Court compound, but none of PW has seen such incident, nor did anyone hear about it - However, accused developed a..........
Indian Penal Code, 1860, Section 325, 323, 34 -- Offence u/ss 325, 323, 34 IPC - Accused along with co-accused appeared on scene and they started beating informant and on alarm being raised, several persons arrived at the spot, whereupon they secured their escape good after threatening informant side - Co-accused died during pendency of appeal - Accused `K' was juvenile in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 6 cakes of charas - Non-weighing of contraband - Total weight of contraband is based on conjecture as there is no evidence on record that same was weighted on spot, which was essential, because as per new provision of NDPS Act, punishment provided for commission of offence dependent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 6 cakes of charas - Search and seizure - Prosecution neither proved that which seal was used by arresting party and sample of seal prepared on the spot at the time of sealing contraband and its sample, nor proved that same was presented before Court at the time of recording of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6 cakes of charas - Search and seizure - Chance recovery - Recovery effected from accused all of a sudden - It was thus, a chance recovery - Provision of S.50 of the Act not applicable - Question of compliance of S.50 of the Act does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 6 cakes of charas - Search and seizure - Compliance of S.57 of the Act by itself is not mandatory but directory only, it may not vitiate recovery of contraband substance single handedly - But, in case it is found that accused is prejudiced by its no, compliance, it may adverse impact on case of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 35, 54 -- Recovery of 6 cakes of charas - Search and seizure - Prosecution failed to prove alleged recovery of contraband beyond reasonable doubt - Compliance of Ss.52, 57 of NDPS Act, have also not been made - Burden to prove possession of contraband could not be shifted on accused, as said burden..........
Drugs and Cosmetics Act, 1940, Section 18C, 27(b)(ii), 28 -- Recovery of stocked allopathic medicines - Without any valid licence - Accused stocked various allopathic medicines in shop and was imparting treatment to patients - He was not having valid licence to stock or sell medicines in question or impart treatment - Accused was giving treatment to patients at the time of..........
Drugs and Cosmetics Act, 1940, Section 18C, 27(b)(ii), 28 -- Recovery of stocked allopathic medicines - Without any valid licence - Reduction of sentence - Accused undergone about 1 month and 20 days of actual sentence - He has been imposed minimum sentence provided u/s 27(b)(ii) of the Act - Sentence qua imprisonment cannot be reduced to period already undergone by him...........
