Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(4) -- Female - Search by a male - Mandatory provision of S.50 of the Act not complied with in a proper manner - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search of bag - S.50 is not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 200 Kgs. of poppy straw from vehicle - S.50 of the Act is not applicable - S.50 of the Act applies only in case the personal search of the person is carried out and not otherwise - Articles like bag, brief case, container, etc. cannot even remotely treated as part of the body of a human being...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim of offence of rape is not an accomplice after the crime - There is no rule of law that her testimony cannot be acted upon without corroboration in material particulars - She stands at a higher pedestal than an injured witness - If Court of facts finds it difficult to accept the version of the prosecutrix on its face..........
Indian Penal Code, 1860, Section 302, 364, 34 -- Kidnapping and murder - Informant did not take any steps to search his brother the whole night - Medical report not supporting prosecution case of deceased being strangulated to death - There was no mark of any scratch on the face of victim - Doctor did not rule out possibility of deceased committing suicide - FIR delayed..........
Criminal Procedure Code, 1973, Section 97 -- Child was in custody of his mother - Issuance of search warrant and directing custody of child to be given to father - Legality - Held, S.97 Cr.P.C. is restricted in its application for issuance of direction for search of a person wrongfully confined - Admittedly when the child was in custody of his mother there was no reason to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 - - Search and seizure - Recovery of contraband - Provision of S.57 is directory - Recovery of contraband does not become doubtful if provision of S.57 of NDPS Act was not complied with by the raiding party - There was no effect if said provision was violated because no prejudice was shown to be caused to..........
Narcotic Drugs and Psychotropic Substance Act, 1985, Section 50 -- of the Act is mandatory only when contraband is recovered from the personal search of the accused. - Compliance of ,S. 50..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery effected from tractor trolley - S.50 of the act is not attracted - S.50 of the Act is attracted only in case of personal search...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of 375 grams of smack upon information given u/s 27 of Evidence Act - Accused was in police custody - No document produced to show that accused was transferred from judicial custody to police custody - Statement made u/s 27 Evidence Act shrouded in mystery - Explanation for not seeking search..........
