Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg heroin - Non-compliance of provision of S.50 of the Act - Prosecution failed to prove and did not bring on record as to which of witnesses had explained right to accused u/s 50 of the Act - Provision of S.50 of the Act not complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21 -- Recovery of 1 kg heroin - Testing and weight of contraband item was carried out on road and that declaration was also prepared on road - Prosecution failed to prove that contraband item seized by accused was subsequently tested by Assistant Chemical Examiner - Even, prosecution failed to prove beyond..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21 -- Recovery of 700 gms heroin - Second raid in the house of accused - There is inconsistency in prosecution case regarding second raid on the issue whether accused had informed complainant that certain contraband items were also stored at his residence or it was a guesswork of complainant that such..........
Indian Penal Code, 1860, Section 302, 392, 201 -- Murder - Circumstantial evidence - Recovery of clothes of deceased - Clothes of deceased were recovered from her dead body at the time of post mortem examination - Said clothes were identified by children of deceased as well as sister-, law of deceased - Moreover, said clothes were visible in CCTV footages - Although..........
Indian Penal Code, 1860, Section 302, 392, 201 -- Murder - Circumstantial evidence - Recovery of jhumkas of deceased - Accused had given jhumkas of deceased to PW42 at the time of purchase of liquor - PW42 handed over said jhumaks to police and they were duly identified by relatives of deceased - PW14, Tehsildar is an independent witness and before said witness, jewellery..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 20(b)(ii)(c) -- Recovery of 48 kg 200 gms Ganja, from house of accused - Ownership and possession of house - Accused held guilty as his name was recorded as owner of house in voters list of 2008 - Accused produced sale agreement - Voters list entry of 2008 being prior to sale is of no consequence -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 17 ampoules of Buprenorphine and 12 ampoules of Diazepam injection along with some syringes and needles - Search made in public place - Officer taking search is not required to comply with requirements of S.42 of the Act - S.43 of the Act comes into play and question of non-compliance of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 17 ampoules of Buprenorphine and 12 ampoules of Diazepam injection along with some syringes and needles - No contraband substance was recovered on conducting search of body of accused - Provision of S.50 of the Act does not apply...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 22(c) -- Recovery of 17 ampoules of Buprenorphine and 12 ampoules of Diazepam injection along with some syringes and needles - Delay in producing contraband substance in Court - There is unexplained delay in producing seized substances before Court and absence of evidence as to how and in what condition..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 378 days - Suit for recovery of money - Ex parte decree set aside on condition of deposit of entire decretal amount alongwith interest as on date - Defendant granted one opportunity to prove his defence...........
