Criminal Procedure Code, 1973, Section 228, Prevention of Corruption Act, 1988, Section 13(1)(D), 13(2), Indian Penal Code, 1860, Section 120B -- Discharge - Offence u/ss 13(1)(D), 13(2) of P.C Act and S.120-B IPC - Accused contended that presently they are not partner in partnership firm, as they parted with partnership before tender of contract - However, nothing on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 389 -- Recovery of 205 gms Alprazolam powder - Suspension of sentence during pendency of appeal against conviction - Accused is in custody for the period of 4 years 7 months and 5 days out of which 3 years and 11 days is after conviction - Accused not involved..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Where maximum protection as contemplated u/s 50(1) is already provided to accused by securing presence of Gazetted Officer, fact that accused was not informed of his statutory right has lost its significance - There was thus, compliance of S.50(1) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Recovery of 48 ampules of Buprenorphine and a disposable syringe - Independent witnesses turned hostile - Mere hostility of independent witnesses cannot lead to lack of creditworthiness of official witnesses - If evidence of official witnesses is consistent and trustworthy, same can be relied upon even..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellate Court acted on a letter of advocate and interfered with order of conviction passed by trial Court - Even, on the face of it appellate Court unnecessarily gave importance to a G.D. entry number which was reflected in notice although original G.D. entry was never..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Contraband - Defence evidence to rebut the presumption - Attempt of defence to adduce evidence to rebut the presumption and to establish his innocence cannot be declined...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Merely informing accused that he has rights under the Act, without specifying what rights accused had under the Act, would not constitute compliance with mandatory requirement u/s 50(1) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Criminal Procedure Code, 1973, Section 439 -- Contraband - Non-compliance of S.50 of NDPS Act - Bail - Notice u/s 50 of NDPS Act mentions that accused having been apprised of his rights, but said notice is absolutely silent as to what rights were apprised to accused as also whether he was apprised of his..........
Criminal Procedure Code, 1973, Section 91, 311, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Production of documents - Offence u/ss 13(1)(d), 13(2) of P.C Act - Production of an additional document during course of trial and summoning an additional witness to prove document cannot be found to be totally impermissible under law in cases under P.C Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence u/s 20(b) of Act of 1985 - Challan filed without FSL report - Not a complete challan - Accused is entitled to default bail...........
