Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C) -- Recovery of 150 gms Cocaine - Sampling process - Samples were sealed in presence of Magistrate - No evidence on record that samples drawn had been tampered with by any person before it reached FSL for examination and before being produced in trial Court during evidence - Seizure having made by Excise..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C) -- Recovery of 150 gms Cocaine - Investigation by I.O who is also a complainant - Recovery effected upon prior information - Seizure was made by Excise Personnel comprising Deputy Superintendent of Excise, who was also a part of seizure team - Accused had not been able to show how there is any bias on part..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of heroin - Case property not preserved properly - Appellants are entitled to benefit of doubt...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of heroin - Search and seizure - Incharge Malkhana/PW4 in his testimony admitted that when he made entry in Malkhana register he did not state that pullandas and FSL form were sealed with seal of SHO - Even in entries there is no reference to seal of SHO - Further, SHO admits that when he..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 520 gms heroin - Charge for offence punishable u/s 29 of NDPS Act framed against accused - No charge for offence punishable u/s 21 of the Act was framed against him - In absence of charge u/s 21 of NDPS having been framed, accused `T' would be seriously prejudiced by conviction for offence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 520 gms heroin - Prosecution failed to prove that parcel A containing sample contraband which was kept in malkhana with two seals but when produced in Court, only one broken seal was found which creates a doubt as to whether contraband was kept safely and securely and was not tampered with -..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101 -- Execution - Objections by stranger - Plea of limitation U.O.21.Rr.97, 100, 103 CPC cannot be raised by stranger obstructionist as such plea is only available to JD...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Suit for possession by Trust - Where execution petition preferred by Secretary of DH/Trust was proper and legal, it was not necessary for DH to have signed execution petition...........
Civil Procedure Code, 1908, Order 21, Rule 26, 29 -- Stay of execution proceedings - Once judgment and decree passed in favour of predecessor-i, interest of DH has attained finality, execution of same cannot be stayed simply because another civil suit stands filed now by JDs for declaration and injunction against DH, that too same issue agitated which issue already stands..........
Bihar Entertainment Tax Act, 1948, Section 3AA, 2(q), 21, Bihar Entertainment Tax Rules, 1984, Rule 19A, 23A - - Consolidated tax - Levy of - Assessment of consolidated tax on the basis of set top boxes - S.3AA of the Act levies consolidated tax on the connection given to a subscriber and not on the set top box itself - Even, the term `Subscriber' u/s 2(q) of the Act is..........
