Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Offence u/ss 13(1)(d), 13(2) of the Act - Allegation relating to accused's disproportionate income in the period between 1974 and 1988 was levelled in an FIR filed 12 years after said period concluded - Charge sheet was filed seven years after registration..........
Criminal Procedure Code, 1973, Section 155(2), 2(d) -- Non-cognizable offence - Cognizance of offence - Where no FIR is lodged and only non-cognizable report is registered and Magistrate passed order u/s 155(2) Cr.P.C, investigation is conducted and charge sheet is submitted in respect of non-cognizable offence, then explanation to S.2(d) Cr.P.C does not attract -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 391 gms brown colour narcotic powder - Bail - There is no independent witness of alleged recovery - Constables of Railway Police Force cannot be said to be independent witnesses -Though search was conducted in presence of Gazetted Officer,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 341, 342, 376(D), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Bail - Offence u/ss 341, 342 and 376(D) & Protection of Children from Sexual Offences Act, 2012, Ss.4, 8 - Grant of bail on the ground that accused is ready to deposit ad interim compensation of Rs.1 lakh in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Non-compliance of mandatory provision of the Act - Cannot be looked into at this stage for grant of bail unless there is any glaring irregularity which will make the seizure itself illegal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Intermediate recovery - Does not attract bar of S.37 of NDPS Act - Recovery was from a fridge kept in the house which indicates that accused was using his premises for commission of offence - Cash recovery of Rs.2.52..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37 -- Bail - Contraband - Commercial quantity recovered from bag of co-accused - No contraband was recovered from petitioner - Petitioner named in FIR merely because he was sitting with co-accused in public bus - Merely travelling with co-accused from whose..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25 -- Recovery of five bags of poppy husk - Merely because independent witness was not examined by prosecution and he rather opted to appear as a witness for defence does not cause any damage to prosecution story...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 78 -- Recovery of five bags of poppy husk - Delay of 72 hours in sending sample of poppy husk to office of Chemical Examiner not fatal to prosecution case, as S.78 of the Act does not make any provision of sending sample to FSL within 72 hours but provided only to send the same within reasonable time...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of five bags of poppy husk - I.O had informed accused of their right to get search conducted in presence of Gazetted Officer or a Magistrate and accused opted to get search conducted in presence of a Gazetted Officer - DSP had been called at the spot who again apprised accused to their right of..........
