Prevention of Corruption Act, 1988, Section 13(1)(d) -- Offence u/s 13(1)(d) of the Act - Dishonest intention is gist of offence u/s 13(1)(d) of the Act - Mere misconduct and action of a public servant, without dishonest intention but contrary to departmental norms does not amount to criminal misconduct...........
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 - No allegation against petitioner that he deliberately committed any misconduct for extraneous considerations - Even, no material disclosing such act on his part has been unearthed during investigation conducted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 32B -- Recovery of 1 kg heroin - Quantum of sentence - Merely because accused is a poor man and/or a carrier and/or is a sole bread earner are not mitigating circumstances in favour of accused while awarding sentence under NDPS Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 32B -- Recovery of 1 kg heroin - Commercial quantity - Reduction of sentence - Accused was found to be in possession of 1 kg heroin and he sold it to informant - He cannot be said to be a mere carrier - Offence in question has a deadly impact on society as a whole - Even otherwise, Special Court has taken..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Transportation of 26 kgs Ganja - Accused/helper was found on truck containing contraband and he did not make any attempt to abscond - Owner of truck is absconding and driver of truck had made an attempt to flee - Accused is first time offender and he was 22/23 years of age at the time of incident..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 61, 85 -- Bail - Contraband - Accused is a habitual offender - FIR registered against accused while he was on bail in respect of another case registered under NDPS Act - Accused again indulged himself in similar activities violating provisions of NDPS Act - He has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 50 -- Recovery of 300 gms opium - Search and seizure - Accused was offered a choice to be searched either before Gazette Officer or Magistrate prior to carrying out search, but he refused the same and reposed faith in police party itself - No one was ready to stand witness for police party at the time of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 300 gms opium - Reduction of sentence - Accused is a young man and he has old parents to look after - He has promised not to repeat similar office in future and he is repentful to situation - Sentence of 5 years R.I is not justified in prevailing facts and circumstances of the case -..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Reference of FIR not given in the order granting sanction - Only for that reason, sanction does not vitiate when offence u/ss 13(1)(c), 13(1)(d), 13(2) of the Act is found...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 37 -- Bail - On the ground of parity with co-accused - Recovery of 24.560 kgs Ganja - Commercial quantity - Accused were caught red handed while transporting commercial quantity of ganja - Whether A-3 was only a gratuitous traveller or whether A-2 was..........
