Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 50 -- Recovery of 200 gms opium - Non-compliance of Ss.42, 50 of the Act - Accused was informed orally as well as in writing on form prescribed for that purpose about his right to be searched before Gazetted Officer or Magistrate - PW1 received information when he was on patrol duty and he might not have..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52 -- Recovery of 200 gms opium - Non-compliance of S.52 of the Act - Averments regarding compliance of S.52 of the Act is available in recovery memo and first information itself - PW1 stated that accused was informed his right to be searched before a Gazetted Officer or Magistrate and his written consent was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 200 gms opium - Non-joining of independent witness - PWs stated that they had tried to procure public witnesses but no one came forward to become witnesses of search and arrest - This statement is not improbable, in view of fact that accused is resident of same vicinity from where he was..........
Criminal Procedure Code, 1973, Section 372 -- Proviso, 2(wa), Negotiable Instruments Act, 1881, S.138 - Victim - Complainant u/s 138 of N.I Act, cannot be treated as a victim u/s 372 Proviso Cr.P.C...........
Criminal Procedure Code, 1973, Section 372 -- Proviso, 378(4), Negotiable Instruments Act, 1881, S.138 - Appeal against acquittal - Dishonour of cheque - Appeal against acquittal in prosecution for offence punishable u/s 138 of N.I Act, lies u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Defence of accused that he made payment for the commodities/rice bags but blank cheques were not returned by complainant - Quite unbelievable and unacceptable...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Absence of averment in complaint that cheques were issued for the purchase made on credit - However, complainant clearly stated in his evidence that cheques were issued for the commodities purchased on credit - Courts below erred in brushing aside the evidence of complainant on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Recovery of 18 kg Ganja - Secret information though reduced into writing but same was not sent to two superior officers as per S.42(2) of the Act - Mandatory provision of S.42(2) of the Act not complied with - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 18 kg Ganja - Search and seizure - Officer-in-charge failed to inform his superior officials regarding search and seizure within 72 hours of recovery - Provision of S.57 of the Act not complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22 -- Recovery of 18 kg Ganja - No Malkhana register produced to substantiate seized ganja was deposited in Malkhana - Though ganja was produced in Court but none of packet is found sealed - More so, though with regard to bag an explanation is given that it is destroyed by rat but did not have reference of..........
