Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Demand and recovery both must be proved in order to sustain conviction under the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Recovery of money - Conviction on the assumption that money has been recovered as such there was demand of illegal gratification - This is not a case where there was circumstantial evidence to prove the demand - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Slight contradictions between PWs regarding deposit of case property but same could be due to error of memory - In the absence of proof of seals being broken, chances of tampering are not there and no prejudice can be said to have been suffered by accused on this count...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Non-joining of independent witness at the time of recovery is not fatal to prosecution case, if evidence of official witnesses is reliable - Moreover, solely on this issue, no benefit can be extended until some prejudice suffered is brought on record by accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 30 kg poppy husk - Non-compliance of S.52-A of the Act - Prosecution failed to produce any material with certainty that FSL report is in regard to bulk residue parcel submitted before Magistrate which was lying without opening and preparing its sample as per provision of law - There is thus,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 30 kg poppy husk - Search was effected from the bag which was lying near the driving seat of vehicle and search was not of person of accused - Question qua non-compliance of S.50 of the Act does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Quantity of contraband - Sample weighing 39 grams of charas examined by FSL was not the representative sample of entire bulk - Accused therefore, cannot be held to be have been found in illegal conscious possession of charas - He can be held to be in possession of 39 grms of charas or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Small quantity - Sentence - Accused was arrested in 2021 and he remained in judicial custody till conclusion of trial and thereafter is undergoing sentence - Since accused has already undergone much more sentence than could be inflicted upon him, accused is ordered to be released..........
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..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant died prior to his examination - There is no direct evidence to prove allegations of demand prior to date of trap and on the date of trap - Solitary circumstance on which prosecution sought to prove the guilt is recovery of amount which is doubtful - Benefit of presumption..........
