Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Recovery of 60 cakes and 110 capsules of Hashish - Non-production of seized contraband in Court - Cannot be ground to reject prosecution case, when remainder of contraband was kept in customs Godown was destroyed with permission of Court in terms of S.52 of the Act...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents not filed alongwith written statement - Documents sought to be produced after closure of evidence by plaintiff - It will cause prejudice to plaintiff as he will not have opportunity to controvert said documents - If he had known about these documents, he would have also filed documents..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 31 -- Recovery of 10 kg. opium - Failure of prosecution to relate the seized sample with that seized from the accused makes the case no different from failure to produce the seized sample itself - Mere production of a laboratory report that the sample tested was narcotics cannot be conclusive proof by..........
Constitution of India, 1950, Article 226 -- Direction for CBI investigation - Death of person in custody of army - Deceased was allegedly picked up from the house of one person by army personnel at night - He was in custody of Army since time of his picking up by army till time of production of dead body and handing over the same to police in police station - Death of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legal liability - Loan transaction - Non-production of material document/account books of business goes against accused to rebut his contentions about advancement of loan to accused and support his contentions that cheque in question was given as security cheque to complainant himself, a commission..........
Criminal Procedure Code, 1973, Section 91, 227 -- Production of documents - Case at the stage of framing of charge - Trial Court is not to look into defence set up by accused at this stage, which he can lead only during trial at appropriate stage - Moreover, in application except for CCTV recording, there is no reference to relate other documents in alleged incident -..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents in question are certified copies and statements recorded in a different proceedings - Said documents can be helpful in deciding controversy - If plaintiff is permitted to file certain documents at belated stage, no prejudice can be caused to defendants - Application rightly allowed...........
Evidence Act, 1872, Section 67, Registration Act, 1908, Section 57, 60 -- As per Ss.57, 60 of Registration Act and S.67 of Evidence Act, mere production of a certified copy of a document registered may not be enough to prove the execution of document - However, it is sufficient to prove contents of document - Certificate issued by Registrar u/s.60 of Registration Act is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of 36 kg ganja - Non-compliance of S.55 of the Act - Delay in production of seized articles is fatal to prosecution case, when there is absence of any documentary evidence as well as oral evidence relating to safe custody of seized articles before its production in Court and explanation furnished..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 28 kg poppy husk - Search and seizure - PW3/ASI not prepared inventory at the time of production of case property before Illaqa Magistrate - Provision of S.52-A of the Act thus, not complied with - Accused acquitted...........
