Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 50 -- Recovery of 22700 intoxicant tablets and 33 bottles of Rexcof - Appeal against conviction - Accused acquitted due to following reasons: (i) Accused falsely implicated by police, as he lodged a complaint under NDPS Act against some police officials; (ii) no, compliance of mandatory provision of S.50 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 14.750 kg charas - Accused absconded from the spot on seeing the police party - Recovery effected from vehicle which was allegedly driven by accused - Identification of accused to be driver who absconded on seeing patrol party therefore is sine quo non for proof of charge leveled against..........
Criminal Procedure Code, 1973, Section 154 -- FIR - It is in the nature of just intimation to police to set machinery of law in motion - Such intimation need not be encyclopedic...........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Statement of DW1 an eye witness - Murder case - DW1 made an all out effort to save accused rather than stating truth - He denied having affixed his thumb impression on any memo pertaining to taking into possession blood stained soil, mattress, khes by police which bears his thumb impression along with..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of blood stained `Kandhala' - Murder case - Weapon of offence got recovered from disclosure statement of accused - Prosecution examine both official witnesses who have stated consistently as regards factum of accused having made disclosure statement and having led police..........
Criminal Procedure Code, 1973, Section 482, Electricity Act, 2003, Section 135 -- Theft of electricity - Quashing of proceedings - Plea that Junior Engineer is not competent to file complaint/FIR - However, as per Bihar Electricity Regulatory Commission, Junior Electrical Engineer is authorised to disconnect supply line of electricity as well as lodge complaint in police..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 4 quintals of ganja - Secret information - Information received by informant though entered in station diary as required u/s 42(1) of the Act, but same was not exhibited - Said information was not communicated to higher police authorities as required u/s 42(2) of the Act - Compliance of S.42 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 435 gms charas - Quantum of recovery - PW8 Inspector deposed that charas was weighed in electronic weighing machine which was issued by Govt. and was in I.O's kit - PW5 MHC specifically admitted that electronic weighing scale was not available in Police Station - In view of conflicting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 435 gms charas - Weighment of contraband - Prosecution demonstrate that recovered contraband was weighted with Government electronic weighing machine - But the same was not available in police station on the relevant day - Conflicting statements of PWs regarding weighment of recovered charas -..........
Divorce Act, 1869, Section 10(x) -- Dissolution of marriage - Mental cruelty - Petition by husband - Act of wife to file FIR and get husband arrested and subsequently during divorce proceedings trying to disown the same by stating that police has lodged FIR on its own, proves volumes about act and conduct of wife - Such acts of wife amounts mental cruelty - Marriage..........
