Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Pilfering 10 kgs of heroin from Malkhana - Accused persons being Zonal Director and superintendent of NCB, conspired together and pilfered 10 kgs of heroin from malkhana of NCB and gave it to co-accused for sale - Confessional statements of co-accused and malkhana record proved the case against..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - Admittedly, complainant has filed private complaint u/s 138 of the Act and civil suit for recovery of said amount - Hence, institution of civil suit by complainant is separate and independent proceedings and it has nothing to do with criminal..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of earnings and clothes of deceased - Independent witnesses of recovery not examined as a witness - Prosecution withheld material witnesses from Court - Adverse inference should be drawn against prosecution - Recovery of clothes belonging to deceased said to be recovered from the place..........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for recovery of money based on contract - Cause of action arises in such a suit at the place where offer is accepted and if suit is based on termination of contract then cause of action arises at the place where such termination order is received - Offer of petitioner was accepted at place `P' and..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of jurisdiction - Jurisdiction of civil Court barred by provision of S.3(4) of Haryana Public Moneys (Recovery of Dues) Act, 1979 - Plaint rightly rejected...........
Indian Penal Code, 1860, Section 302, 498A, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Cruelty - Circumstantial evidence - Deceased was subjected to cruelty on the day of occurrence and she died due to multiple injuries - Dead body of deceased recovered from well - Family members of deceased deposed that relations between deceased and her husband/accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Secret information - Where I.O was on move and not in office and information was conveyed to superior police officer, who arrived at spot, formal FIR was lodged regarding recovery in question, a copy of FIR was sent to Illaqa Magistrate as also to superior police officers, the provision of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 114.750 kg of poppy husk - Recovery effected from the dicky of car in the possession of accused and not from personal search of accused - Provisions of S.50 of Act not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 114.750 kg of poppy husk - Accused persons were apprehended while travelling in Car and on search they were found in possession of three bags of poppy husk - Plea taken by accused that he had taken the lift and had no connection with owner and driver of said car, carries no substance - Once..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 114.750 kg of poppy husk - Conscious possession - Examination of accused - Recovery effected from a car, which was in the exclusive possession of both the accused - Accused were very much aware of the fact that they have been charged for having been found in conscious possession of contraband -..........
