Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of commercial quantity of contraband - No complete bar to grant bail - Court after affording opportunity of being heard to public prosecutor can grant bail even in the cases of commercial quantity, if it is satisfied that accused is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1800 Capsules of PYN SPAS PLUS - Commercial quantity recovered from co-accused - No direct evidence to connect petitioner with alleged commission of offence - Mere telephonic conversation if any interse petitioner and co-accused is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 72 kgs of ganja which accused were transporting in Ambassador car - Serious contradictions in the evidence of prosecution witnesses and prosecution witnesses contradicted each other on material aspects - Accused are entitled to benefit of doubt - Conviction set aside - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Explanation - Public place - Private vehicle does not come within expression `public place' as explained in S.43 but comes u/s 42 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Total non compliance of S.42 of the Act - Impermissible - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 75 kg poppy straw - Recovery effected from private vehicle belonging to accused - Case would come u/s 42 of the Act not u/s 43 of the Act - There was total non-compliance of mandatory provision of S.42 of the Act - Accused acquitted...........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Anti-suit injunction - To prevent opposite party from instituting or continuing with the proceedings in another Court in domestic or foreign country - Anti suit injunction is maintainable in view of power to grant injunction in matrimonial disputes by Family Court - This power is traceable to S.7(1) Explanation (d)..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), 13(2) -- Offence u/ss 13(1)(d)(ii), 13(2) of the Act - Wrong order passed by quasi judicial authority - Criminal proceedings cannot be initiated against a public servant under the Act, merely for passing a wrong order, without any material to demonstrate that such order was deliberately passed by him for extraneous..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), 13(2) -- Offence u/ss 13(1)(d)(ii), 13(2) of the Act - If a public servant acting as a quasi judicial authority under a statue passes an order and if such order is in favour of a person other than Government, any pecuniary advantage obtained by such person by virtue of such order cannot be basis for prosecution of..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii) -- Offence u/s 13(1)(d)(ii) of the Act - Mens rea, intention and/or knowledge of wrong doing is an essential condition of offence of criminal misconduct u/s 13(1)(d)(ii) of the Act - Presumption u/s 20 of the Act, does not apply to offence u/s 13(1)(d)(ii) of the Act...........
