Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 320 gms Morphine - Non-joining of independent witness - Recovery and arrest of accused is not supported by any public witness - PWs stated that they tried public to be witness of incident but due to fear of evil, nobody came forward to be witness - Since the evidence of police officials is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 320 gms Morphine - Recovery and arrest of accused happens suddenly at about 9.30 PM and it was a winter season - Police informed accused that he has a right to be searched before any gazetted officer and he may be taken for search - But accused refused to go anywhere and handed over to..........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, 34 -- Cruelty - Quashing of FIR - Complainant concocted a story that there was demand of dowry before marriage and at the time of marriage - However, there is no complaint made then or soon after couple had left for USA - Allegations of cruelty, harassment and torture if any took place in USA and cognizance of it could..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - When it is proved that personal search of accused was conducted, police was required to comply with provision of S.50 of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, 10 -- Juvenile - Child in conflict with law shall not be placed in police lockup or lodged in a jail...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, 10 -- Juvenile - Bail - Once a child is produced before a JJB bail is rule - However, where release of child is likely to bring him into association with known criminals or expose child to moral, physical or psychological danger or where release of child would defeat ends of justice, then bail can be..........
Constitution of India, 1950, Article 246 -- List II of 7th Schedule - Whether Vigilance and Anti Corruption Bureau is a police force constituted under State Government`s legislative power - Vigilance and Anti-Corruption Bureau is a specialized police force constituted in exercise of the State Government`s legislative power and the officers who worked in the erstwhile..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(c)(d) -- Anticipatory bail - Cheating - Misappropriation of Government money - No material on record that accused had actively connived with co-accused in causing loss and misappropriation of crores of rupees - Even there is no proof..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 165 gms charas and four bottles of liquor - Petitioner is only a drug addict and not a drug peddler - He is permanent resident of the place and neither in a position to tamper with prosecution evidence nor in a position to flee from justice -..........
Indian Penal Code, 1860, Section 302, 304A -- Nature of offence - Accused killed deceased in the field believing her to be a wild boar - He immediately went to surrender himself before police after he discovered that he shot a woman - Accused had no intention of causing death - There is no premeditation to kill deceased - However, accused acted in haste without taking due..........
