Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Independent witnesses - All the witnesses are police personnel - Non-production of independent eye witness is serious lacuna which has made the prosecution case doubtful - Testimony of police personnel are not wholly reliable - Accused acquitted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contention of defendant involves mixed question of law and facts which cannot be decided in petition for rejecting the plaint - It has to be necessarily decided during trial - Application U.O.7.R.11 CPC rightly dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he is on bail in all other cases - Pendency of these criminal cases against accused cannot be construed as a ground sufficient by itself to deny..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2), 406, 506 -- Bail - Rape - Accused has suffered incarceration for about 3 months and 28 days - Total 18 PWs have been cited and culmination of trial will take its own time - Accused involved in four cases pertaining to Negotiable Instruments Act and also involved in three other FIRs but he..........
Criminal Procedure Code, 1973, Section 482, 341, 340 -- Petition u/s 482 Cr.P.C - Maintainability - Complaint filed as per order passed u/s 340 Cr.P.C - When petitioner has a right to file appeal u/s 341 Cr.P.C, Court need not entertain the petition u/s 482 Cr.P.C...........
Indian Penal Code, 1860, Section 366 -- Offence u/s 366 IPC - Victim and accused both are major and victim had left her home with accused willingly and is living with him as a married woman - No offence u/s 366 IPC is made out...........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Magistrate/Courts should not issue certified copies of statement recorded u/s 164 Cr.P.C. to any person till cognizance is taken on the charge-sheet/police report - Even lower Courts are issuing certified copies of statement recorded u/s 164 Cr.P.C. (Now S.183 BNSS) which is legally..........
Police has no power to resolve civil disputes -- Neither Cr.P.C/BNSS nor Police Act nor any other law governing powers and duties of police confers power upon police to adjudicate disputed question relating to title, possession, boundary, encroachment etc. - Police has no authority to act as a Civil Court to adjudicate civil dispute set out in the complaint - They are..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Contraband - Recovery of 1.25 kg. charas carried in the car, during random check - Two police department witnesses only - Logbook clearly shows that vehicle was travelling during relevant point of time towards a different destination - Statement given by two police witnesses, do not support case of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Confessional statement - Statement recorded u/s 67 of NDPS Act cannot be used as a confessional statement in the trial of an offence under the Act...........