Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Commercial quantity - Petitioner is trying to mislead the Court as regards his admission in hospital - Though petitioner is having some medical ailment, but by not surrendering on time and moving application for extension of bail by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 bags of poppy husk - Identity of accused - Accused fled away from the spot and was not arrested from the spot along with contraband - However, no test identification parade was conducted to ascertain the identity of accused, as PW6/ASI expressed his ability to identify accused as he knew..........
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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Panch witnesses have not supported case of prosecution - Failure to conclude trial within a reasonable time resulting in prolonged incarceration militates against fundamental right guaranteed u/art 21 of Constitution - Conditional liberty..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - When accused in his reply notice admitted the transaction of availment of loan and when he admits that cheque belongs to him and it bears his signature, question of accused disputing the transaction does not arise at all...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - When accused in his reply notice admitted the transaction itself, calling upon complainant to prove the transaction again does not arise at all - It is for accused to rebut the presumption, but he has not taken any pain to substantiate his claim regarding repayment - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Sentence - Cheque amount is Rs.5 lakhs - However, conduct of complainant in prosecuting the wife of accused in respect of cheque for Rs.10 lakhs is also questionable - It is thus, just and proper to impose fine of Rs.6 lakhs to accused which would serve the purpose - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that accused was in custody at the time of issuance of cheque but no evidence produced to prove the same - Plea that cheque was stolen by complainant in his absence - Accused is brother-in-law of complainant and in the absence of any direct and reliable evidence, it is highly improbable that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Antecedents of accused is not clean as he is involved in different criminal cases of cheating and number of complaints u/s 138 of the Act registered against him - Though accused had already undergone the sentence of 2 years, however, he refused to pay the compensation amount of Rs.10 lakhs -..........
