Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22(c), 23(c), 28, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 221 gms methamphetamine (Psychotropic Substance) - Commercial quantity - Psychotropic Substance was found concealed in undergarment of petitioner - Petitioner was detained in airport - Sequence of events and a reasonable,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 150 kg Ganja - Accused was not arrested on the spot but he was named by driver of vehicle from where recovery was effected - Presence of accused at spot or false implication are disputed questions of fact - Co-accused who alleged to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 180 capsules containing Tramadol Hydrochloride - Petitioner is a old lady of 63 years of age - She is neither in a position to tamper with prosecution evidence nor in a position to flee from justice, as she is resident of place - Custody of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pleading that cheque was issued in April, 2013 - However, in cross examination it was stated that cheque was issued in the month of October, 2013 - Accused admitted his signatures on cheque - Held, statement of complainant qua issuance of cheque relates to insignificant aspect of the case...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accused did not respond to the legal notice - Amounts to his admission qua taking of loan from the complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea raised by accused that cheque was issued as security and not in discharge of legal liability - No agreement whatsoever produced by accused or his brother to show that complainant used to obtain cheques as security from the transporters, including them - This bald statement, instead of helping the..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 259 -- Dishonour of cheque - Conversion of summons case to warrant case - Accused did not make any request for such conversion at commencement of trial - Even, there is no plausible explanation for the same - Conversion of summary trial as summons case to warrant case at this stage..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Only allegation against petitioner is that he is in charge of accused/company - However, no documents on record to support this version - Petitioner is not director of company - Even cheques are not signed by petitioner and same are signed by A-2 and A-3 - Complaint is based on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Complainant issued notice to accused in his admitted address - Notice having been sent to accused's correct address were duly served, fulfilling the requirement of `giving Notice'...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - S.139 of the Act is an example of reverse onus and therefore once an admission of issuance of cheque emanates from accused and signatures on cheques are admitted, there is always a presumption in favour of complainant that a legally..........
