Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 gms heroine - Non-compliance of provision of S.50 of the Act - No notice was given to accused before search of his person nor he was searched in presence of Gazetted officer or Magistrate - Proceedings relating to search and seizure of contraband articles not properly adhered to, which..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 3 gms heroine - Anomaly in weight of seized articles in between Malkhana register, seizure list, FIR and report of analyst - Not explained by prosecution - Delay in sending article for chemical examination also not explained by prosecution - More so, complainant himself acting as I.O violating..........
Indian Penal Code, 1860, Section 396 -- Dacoity - Allegation that 12-13 miscreants entered into the house, armed with gun, country made pistol and looted house hold articles, jewelries - Injured witnesses were not examined in support of prosecution case - No injury was caused either to informant or to his brother, with whom there was enmity, which shows that intention was..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Publication of an article in a newspaper referring to wife as adulterous and such fact admitted by husband during trial suggests a mental element in defaming wife to the world at large particularly when husband failed to prove such adulterous relationship of wife - Ground of mental cruelty upon wife..........
Indian Penal Code, 1860, Section 368, Immoral Traffic (Prevention) Act, 1956, Section 5, 6 -- Wrongful confinement for immoral activity - Prosecutrix was recovered from kotha - Accused convicted primarily based upon testimony of prosecutrix - However, prosecutrix did not name accused to be individual who had pushed her into prostitution in her initial statement and no..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 201 -- Disclosure statement - Murder case - I.O is not obliged to obtain signature of an accused in any statement attributed to him while preparing seizure memo for recovery of any article covered by S.27 of the Act - But if any signature has been obtained by him, there is nothing wrong or illegal about..........
Criminal Procedure Code, 1973, Section 41, 41A, Constitution of India, 1950, Article 21 -- Arrest and detention - Arrest of two ladies, a doctor and a practicing Advocate - Number of violations in the arrest and seizure - Circumstances in no case justify the manner in which petitioners were arrested - Violation of Article 21 of the Constitution as petitioners were..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 62.100 kg charas - Mere fact that complaint has been filed by same police officer who seized the contraband article and arrested the accused, does not render the prosecution case doubtful, particularly when accused failed to demonstrate or prove by any evidence that any prejudice was caused..........
Civil Procedure Code, 1908, Section 2(2), 36, 141 -- Writ petition - Final judgment in writ petition not a decree or order - Not capable of execution - Such judgment can be enforced by invoking contempt jurisdiction of High Court - S.141 CPC is clear that CPC does not apply to writ petitions under Article 226 of the Constitution of India...........
Food security to persons affected by drought -- Article 47 of the Constitution provides that one of the primary duties of the State is to raise the level of nutrition and the standard of living of the people - Although Article 47 is not enforceable being a Directive Principle, there is considerable moral force and authority in this provision to persuade the State..........
