Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Transposition of respondents as appellants in an appeal - Suit by Bank for recovery against principal debtor and guarantor - In appeal L.R's of guarantor, who had since died, sought transposition as appellants - Held, court has power to transfer a defendant to the category of plaintiffs and where the plaintiff agrees such..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 200 gm of charas - Accused convicted and sentenced to one year - Accused not a previous convict - Convict sole bread earner of his family consisting of four children - Accused already undergone about four months of sentence - Held, keeping in view of the antecedents of the accused sentence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 2(xv) -- Recovery of opium - Relevance of morphine in the opium - Held, percentage of morphine in sample of opium does not determine the purity of opium - Percentage content of morphine in opium is not relevant for the purpose of considering the question as to whether the seized opium is of a small quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20 -- Bail - Recovery of chars - Percentage of tetra hydro cannabional (THC) does not determine purity of sample - Held, test resulting in quantification of percentage content of THC is neither relevant nor necessary for the purpose of considering grant of bail or of awarding sentence in terms of S.20 read..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 2 Kg. - Accused was arrested on suspicion - Prosecution evidence full of contradictions - Different versions about time when independent witness joined by patrolling party - Held, conviction cannot be sustained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 2 Kg. - Link evidence - No evidence that specimen seal impression was also sent to laboratory to enable the chemical examiner to compare the sample seal with the seal impression affixed on the sample - Chemical examiner on the report certified that seal/seals on the sample tallied with..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 120B -- Quashing of complaint - Petitioners took loan from complainant but failed to repay the same within stipulated period - Petitioner issued cheques in discharge of their liability which were dishonoured - Complainant neither filed any complaint under section 138 of the N.I. Act nor..........
Indian Penal Code, 1860, Section 393, 307, 34 -- Attempt to loot transport vehicle after asking for a lift - PW3 witness of incident turned hostile - None of the accused named in the FIR - Accused arrested shortly after the incident on identification of the informant - Part of arrest and recovery of weapons disbelieved by Courts of Sessions in another trial - Testimony of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21 -- Recovery of 55 grams of heroin - Link evidence - Investigator stated that the property which was recovered was sealed - Neither in recovery memo nor in special report it was so mentioned - Form 95 was produced before the Magistrate on the next day - Property was produced before the special court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21 -- Recovery of 55 grams of heroin - Accused convicted - Appeal - Accused while in custody of another criminal case made confessional statement and got recovered heroin from his clinic - Witnesses to this confessional statement turned hostile - Earlier also the premises of the clinic was searched in..........
