Essential Commodities Act, 1955, Section 7 -- Unauthorized possession of gas cylinders - Search and seizure - Sub-Inspector of Police is not authorised as per Government order to take action - Proceedings initiated by sub-inspector totally unauthorized - Conviction and sentence set aside...........
Indian Penal Code, 1860, Section 323, 384, 506 -- Offence u/ss 323, 384, 506 IPC - Time, place and manner of incident forthcoming from witnesses are not only consistent but also in tune with their respective statements recorded u/s 161 Cr.P.C - Nothing could be elicited by defence to shake the credibility of PWs - Version of informant is akin to FIR story as well as..........
Indian Penal Code, 1860, Section 376 -- Rape - Whether proper opportunity has been provided to the appellant during trial to defend his case - Copies of complete police papers and other documents as required to be supplied to the accused u/s 207 Cr.P.C. - Therefore, evidence of the victim shall be recorded in Vulnerable Witness Deposition Centre - Case is remanded...........
Indian Penal Code, 1860, Section 376 -- Rape - Whether proper opportunity has been provided to the appellant during trial to defend his case - Copies of complete police papers and other documents as required to be supplied to the accused u/s 207 Cr.P.C. - Therefore, evidence of the victim shall be recorded in Vulnerable Witness Deposition Centre - Case is remanded...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Secret information - Procedure to be followed - Procedure of making compliance u/s 42(2) of the Act, could be that on receiving of information in writing at Police Station, the real intimation of receiving of secret information and proceedings for conducting raid is required to be entered into DDR, vide a..........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Once an opinion has been formed with regard to offence having been committed u/s 340 Cr.P.C, Court needs to make a complaint in writing and the same has to be sent to a Magistrate of competent jurisdiction - Magistrate has to deal with such a complaint u/s 343 Cr.P.C as if it was instituted as a police report...........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape of 6 years old girl - Accused contended that victim stated his name on the say of police - It cannot be appreciated that police would have told name of accused to victim, as accused has not explained as to what grudge police have against him in his statement recorded u/s 313 Cr.P.C or even in cross-examination of I.O -..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 24 -- Double murder case - Extra judicial confession - PWs 7 to 9 who supported prosecution case have not stated that accused was either their relative or a close acquaintance - They not even stated that they personally knew accused - Even, after extra judicial confession before PWs 7 to 9, they did..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Any police officer being a Gazetted officer is a qualified and competent gazetted officer for search of a person as stipulated in S.50 of the Act...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Executing Court has left everything to be decided by Nazir of Court without recording any finding as to whether JDs have encroached upon suit land after passing of decree - Without undertaking such an exercise, it was not open to executing Court to pass a direction to..........
