Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3 kg 100 gms charas - Non-examination of independent witnesses - Does not ipso facto entitle one to seek acquittal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 kg 100 gms charas - Narcotics discovered from a backpack - There is no need to examine compliance of S.50 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3 kg 100 gms charas - Complainant himself is I.O - Plea of biasness - Mere deficiencies in investigation or chinks in prosecution case cannot be sole basis for concluding bias - Accused have at no stage claimed that there existed an enmity or other motive for police to falsely implicate them..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3 kg 100 gms charas - Search and seizure - Accused admitted that they were present on the spot, some interaction with police had indeed taken place, that there was sufficient cause to stop vehicle and that such search was based not on any prior information but was spontaneous and thus, it was a..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 23(c), 25A, 29 -- Default bail - Offence u/ss 8(c), 22(c), 23(c), 25-A, 29 of NDPS Act - Accused exercised his option to obtain bail on 181st day of his arrest - Public prosecutor had not filed any application seeking extension of time to investigate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37 -- Recovery of 255 gms heroin - Weight of contraband - Recovery effected is marginally more than commercial quantity - Contention of accused that weight of contraband with polythene was 255 gms and if polythene and heroin are weighted separately then recovered contraband would come out to be less than 250..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37 -- Bail - Recovery of 255 gms heroin - Commercial quantity - Accused already approached High Court on two earlier occasion and one petition was withdrawn by him and other was dismissed - There has not been any change in circumstances even since dismissal of such..........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Expression `in circumstances arising out of marital relationship' as contained in S.7(1) Explanation (d) of the Act - means not only those occurrences which transpired during marital life, but also includes such circumstances which led to marriage, which developed thereafter, which took place during marital life,..........
Family Courts Act, 1984, Section 7(1) -- Explanation (c), (d) - Jurisdiction of Family Court - It is not nomenclature of relationship that will determine whether a matter falls u/s 7(1) Explanation (d) of the Act or not - Nomenclature of relationship will be relevant for matters coming u/s 7(1) Explanation (c) of the Act, while what is relevant for S.7(1) Explanation (d)..........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Jurisdiction of Family Court - Suit for injunction filed by father-in-law against daughter-in-law - Property involved in suit does not belong to any of parties to marriage - It is the absolute property of father-in-law - Suit is not for an injunction `in circumstances arising out of a marital relationship' - Suit..........
