Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Default bail - Recovery of 211 grams heroin - Report u/s 173(2) Cr.P.C was filed by police before expiry of period of 60 days without CFSL report, which cannot be said to be incomplete - Accused not entitled to bail u/s 167(2) Cr.P.C on the ground of filing of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Independent witnesses completely denied of their presence during search and seizure and that they only signed the documents at a different place and time on instruction of Excise officials - Reasonable doubt arises in prosecution case regarding search and seizure of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 30 kgs ganja - Non-compliance of S.50 of the Act - Mere taking LTI impression of accused on a re-printed format will not satisfy due compliance of S.50 of the Act - For said purpose it is duty of Detection Officer to take search of accused in an NDPS case before Executive Magistrate or Gazetted..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Weighment of contraband - When place of seizure is public place and weighment chart is not produced nor brass seal, nor independent witness supports prosecution version, doubt on prosecution case regarding seizure of contraband of particular quantity becomes grave - It..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 30 kgs ganja - Informant is also I.O, who detected accused with contraband, conducted search and seized the same, lodged first information and also conducted entire investigation - It is not the case of prosecution that there was no other Officer available to conduct investigation nor..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 20.02 gms heroin - Quantity of drug involved is less than Commercial quantity but greater than small quantity - Rigors of S.37 of NDPS Act thus, not applicable - Petitioner is in judicial custody since 2019 - Investigation is almost..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Parties arrived at a settlement in terms of a joint memo - Offence compounded - Conviction set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion - Non consideration of petition filed by accused - Execution of cheque proved - Held, mere non consideration of petition filed by accused is not a matter which accused can canvass as a ground which caused prejudice to his defence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No marked difference between signatures of accused on the cheque and admitted signatures - Mere suggestion that accused did not sign the cheque and it was removed by theft is not a good substitute for reliable evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.3,75,000/- - Source of income - Amount advanced to accused as loan was already kept in the house of complainant for the purpose of building construction - Complainant had thus requisite funds also for advancing loan to accused - Moreover presumption of consideration not rebutted by accused in..........
