Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Allegation that accused demanded Rs.1600 from complainant for admitting his mother in Hospital for operation - However, accused stated that said amount was used for purchasing medicines and part of amount has to be paid to anesthetist - PW9/District Co-coordinator of hospital had..........
Prevention of Corruption (Amendment) Act, 2018, Section 7(a), 7(A) -- Illegal gratification - Allegation levelled against accused in the prosecution records discloses the offences alleged against accused - Correctness or otherwise of allegations levelled in the final report is a matter to be tested during the course of investigation - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of FIR - Allegations against father-in-law and mother-in-law - Omnibus hurling of abuses against accused - No specific overt act is indicated in the complaint qua accused as the entire narration in the complaint is the squabble between husband and wife..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To inspect the suit property - Dispute in question requires elucidation and it is local in character and can only be done by local investigation at the spot - Identification of property can only be done by a Taluk Surveyor and presence of an Advocate Commissioner would only give further..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - Independent witness though joined in the investigation, but not examined during trial - This lapse on the part of investigation team becomes even more prominent, given the accused were not apprehended at the spot - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - I.O is also the complainant in the case - Since the arrest and search is made by complainant, he should not involve himself with the investigation of the case - Such an officer leading the investigation would forthrightly raise questions as to fairness and impartiality..........
Criminal Procedure Code, 1973, Section 439, 439(2) -- Cancellation of bail and challenging order granting bail - Difference - While considering the application for cancellation of bail, Court ordinarily looks for some supervening circumstances like tampering of evidence either during the investigation or during the trial, threatening of witness, accused likely to abscond..........
Unlawful Activities (Prevention) Act, 1967, Section 43D, 13, 17, 18, 18(B), 38, 39, Indian Penal Code, 1860, Section 120B, 153A, 153AA -- Bail - Offence u/ss 13, 17, 18, 18(B), 38, 39 of UAPA and Ss.120-B, 153-A, 153-AA IPC - There are reasonable grounds for believing that accusations against respondents are prima facie true and that the mandate contained in S.43(D)(5)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Witnesses have given inconsistent versions regarding place where search and proceedings were conducted - Police took photographs during investigation which shows that contraband were being weighted in one plastic bag - However, when parcel was opened in Court, it was found to be containing a..........
Criminal Procedure Code, 1973, Section 156(3) -- Application u/s 156(3) Cr.P.C. - Pre conditions to be satisfied before seeking investigation u/s 156(3) Cr.P.C. are : (i) Application to be supported by an affidavit duly sworn by the complainant; (ii) In an appropriate case, Magistrate would be well advised to verify the truth and also verify the veracity of the..........
