Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Search & seizure - Secret information received by police party headed by PW1 - Thereafter, they started making search for independent witness but did not reduce information in writing - He also failed to inform about incident to his higher officials - Held, no compliance of S.42 of NDPS Act..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Recovery from tool box of scooter of accused - Not search of person - S.50 of the Act is not applicable...........
Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2005, Section 42(2) -- Contraband - Secret information - Compliance of S.42(2) of the Act is not required when secret information is received from the immediate superior officer of the person conducting search - However, compliance is required when secret information is received from a Superior Officer but not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Provision of S.50 of the Act is not applicable when search is made of a house or a vehicle or a container or a bag or premises...........
Criminal Procedure Code, 1973, Section 100(4) -- Search - Non joining of independent witnesses - There was no dearth of independent witnesses despite that no effort was made to join them in the proceedings - House was not in exclusive possession of accused, but as per version of prosecution itself it belonged to sister of accused - However, neither the name of the sister..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Recovery from open place - Held, when recovery of contraband is from an open place from a person, there is no essential or legal requirement to include two independent witnesses to witness search...........
Evidence Act, 1872, Section 63, Indian Penal Code, 1860, Section 302 -- Murder - Appreciation of evidence - Unnatural conduct of witness - Murder - Daughter of deceased was eye-witness to occurrence - She informed her maternal grandmother that accused/mother-i, law of deceased had forcefully taken away deceased - Grandmother did not tell it to anyone for almost two days..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for default - Validity - Appellant was not present in second sitting and did not appear till 5:45 P.M. - When appellant had gone in search of his advocate, it was not possible for him to remain present in second sitting - Held, matter could have been adjourned to another day -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search of person - Assistant Sub-Inspector informed appellant about his legal right u/s.50 of the Act to be searched before a gazetted officer or before a Magistrate or before him - Held, provision of S.50 of the Act is complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search and seizure - Applicability of provision of S.50 - Held, S.50 of the Act would not be applicable when search is made of a house or a vehicle or a container or a bag or premises - In instant case, search was made of house of appellant, therefore, S.50 of the Act is not applicable...........
