Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b) -- Recovery of 6.500 gms of ganja - Appeal against acquittal - Panchas turned hostile - Mandatory provisions of Act relating to search and seizure not followed by Police - Prosecution failed to prove its case beyond reasonable doubt - No material on record to connect the accused with the alleged offence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Recovery effected from car - No evidence collected to establish any connection between accused and owner of said car - Documents pertaining to car not taken into possession - Driving licence of accused also not taken - Examination of owner of car was material to corroborate prosecution version..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Independent witness - Independent witness of recovery not examined - Prosecution case entirely based on statement of police officials - Presence of police officer under whose supervision search and seizure was carried out highly doubtful - No seal affixed by him on articles of recovery -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband -Official witness - Number of material contradictions in statements of official witness which can not be stated to be minor or normal discrepancies, would not have occurred had witnesses witnessed the recovery - Cumulative effect of all discrepancies particularly in absence of any independent..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Evidence on record shows that amount said to have been claimed by accused appears to be restoration charges which has to be collected from complainant - Evidence of complainant was not consistent regarding dates on which amount was demanded and paid - Both decoy and trap witnesses..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 31 -- Recovery of poppy straw - Delay of 13 days in sending sample to FSL - No explanation given by prosecution for withholding sample for such a long time - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 31 -- Recovery of poppy straw - Non-joining of independent witness - No effort made to join independent witness in the investigation - Evidence on record shows that there are certain loop holes which have not been plugged - Accused convicted on the basis of testimony of official witnesses - Testimonies of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 31 -- Recovery of poppy straw - Conscious possession - Recovery effected from gunny bag carried on scooter which was without registration number - Ownership of said scooter not proved by prosecution - No document procured by prosecution from DTO office regarding ownership of scooter - Accused cannot be said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 31 -- Recovery of poppy straw - Non-examination of I.O - Complainant and I.O being the same person thus his no, examination is fatal to prosecution case - Moreover, search was not conducted before any Gazetted officer or Magistrate and the same was conducted by I.O himself who was not examined - Conviction &..........
Mumbai Municipal Corporation Act, 1888, Section 394 -- Renewal of trade licenses - Recovery of `trade refuse charges' - Challenge as to - Plea of appellants that since they do not generate trade refuse, therefore, rate fixed for levy of TRC is arbitrary - Cl.6 of Circular Dt. 11.10.2011, increasing TRC by 10% every year from 2009 is arbitrary - Also in Cl.4 persons who do..........
