Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 8(c), 17(c), 21(c), 22(c), 29, 35 -- Default bail - Offence u/ss 8(c), 17(c), 21(c), 22(c), 29, 35 of NDPS Act - Accused arrested and in judicial custody for more than 300 days - Prosecution did not file an application u/s 36-A(4) of NDPS act praying for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Offence u/s 22 of NDPS Act - Non-appearance of PWs - All PWs/official witnesses not present on 16 dates - Trial Court directed to issue no, bailable warrants against said official witnesses - Superintendent of police shall ensure that all said witnesses are taken into custody and kept in protective custody..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Anticipatory bail - Offence u/s 22 of NDPS Act - Petitioner regularly appeared before trial Court for at least 17 dates - However, only on one date, petitioner could not appear due to inadvertent mistake and bail granted to petitioner was cancelled - If accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 45 grams intoxicant powder - Court decided the case only on one argument - It is expected that Court holding trial should deal with all the contentions/submissions of counsel for the parties and thereafter deliver its judgment - Accused has a right to defend his case - Judgment passed by Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 45 grams intoxicant powder - Non-joining of independent witness - No effort was made by I.O or any other police officer to join any independent witness - I.O did not verify from accused as to from where he had procured intoxicant powder - There is no entry in register regarding sending sample..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 22 -- Conversion of appeal into cross-objections - There is no specific provision to convert an appeal into cross-objections - But there is equally no specific provision barring such conversion - There is thus, a legitimate case for invoking provision of S.151 CPC and ordering such conversion...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - If O.41.R.22 CPC enables party to file cross-objections, such cross-objections can be rejected as not maintainable only on some legitimate ground showing either that applicant's case does not fall within O.41.R.22 Explanation CPC, or that there is some other valid reason why cross-objection should not be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, 29, 27(B)(ii), Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of tablets, capsules and cough syrups containing narcotic substance - Recovery effected from possession of co-accused - Police during investigation recovered two slips/receipts one of them was written by..........
Limitation Act, 1963, Section 22 -- Continuing wrong - If wrongful act causes an injury which is complete, there is no continuing wrong even though damage resulting from act may continue - If, however, a wrong act is of such a character that the injury caused by it itself continues then the act constitutes a continuing wrong. (1959) Supp.(2) SCR 476 followed...........
Civil Procedure Code, 1908, Order 22, Rule 4, 2A, 2B -- Death of defendant No.2 - Substitution of L.R's - Application filed by plaintiff rejected on the ground that it is duty of L.R's themselves to come on record - No prejudice shall be caused to defendant, rather onerous duty cast by statue in terms of O.22.R.2-B would be satisfied that too at the instance of plaintiff..........
