Drugs and Cosmetics Act, 1940, Section 32 -- Institution of prosecution - Assistant Drug Controller (ADC) lodged FIR - After registration of FIR, investigation carried out by police cannot be handed over to informant/ADC for filing same as a complaint by said informant in the Court, so as to initiate prosecution in consonance with S.32 of Act, as scheme of Cr.P.C. does not..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence punishable u/ss 323, 341, 506, 34 - Settlement of dispute - Investigating Officer submits that petitioners joined investigation, as and when called upon - Since parties settled their dispute and petitioners complied with orders granting interim protection - Anticipatory bail, granted...........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Abetment of suicide - High Court prematurely quashed FIR without proper investigation being conducted by police - Court abridged investigation which needed to ascertain certain factual assertions made in FIR concerning existence or no, existence of any prior mental..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Involvement of offending vehicle in accident - Vehicle was seized by police after investigation only after one month from date of accident and possibility of same having been repaired in meantime could not be ruled out - High Court thus, committed error in reversing the finding of Tribunal by holding that vehicle is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of charas - Charge sheet filed on 10.09.1996 - FSL report prepared on 23.10.1996 - Charge sheet submitted before receiving report of forensic lab - I.O. never saw the case property nor he tried to see it - Investigation conducted by investigation officer not fair - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - After registration of complaint and pending investigation accused was placed under suspension - After departmental enquiry major penalty of dismissal from service was passed - On the date of filing charge sheet and taking cognizance accused was not a public servant - Sanction to prosecute is not..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Convenience of parties does not mean convenience of petitioner alone who approaches Court on misconceived notions of apprehension - Convenience for purposes of transfer means convenience of prosecution, other accused, witnesses and larger interest of society - Apprehension voiced by petitioner of possible..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 294A, 420, 120B -- Quashing of FIR - At the stage of investigation - Validity - Offence u/ss 294-A, 420, 120-B IPC - Accused allegedly printed lottery tickets and sold it without permission and amassed enormous profit from the same - Huge amount of cash of Rs.7.2 crores recovered from house of..........
Marriage -- Two individuals consenting to marry - Dictates of Khap Panchayat/Local community/Family - Guidelines issued : Preventive Steps - (a) State Governments should forthwith identify Districts, Sub-Divisions and/or Villages where instances of honour killing or assembly of Khap Panchayats have been reported in recent past, e.g., in the last five years; (b) Secretary,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 800 gms charas - Spot official witnesses not found to be trustworthy and confidence inspiring - Testimonies of remaining witnesses, other than spot official witnesses, who were associated for completion of investigation are not necessary to be discussed - Acquittal calls for no interference...........
