Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 20 kgs of Poppy husk - Quantum of sentence - Accused convicted for one year R.I. - Recovery took place more than 11 years ago - Appellant is at present 66 years old - Appellant has already remained in custody for 5 months 16 days - Sentence reduced to period already undergone - Amount of fine..........
Prevention of Corruption Act, 1947, Section 5 -- Disproportionate assets - Public servant - Sentence - Properties in name of wife, father and sister who having no independent source of income - Evidence showing money flowing from place of accused in favour of others including wife of accused - Assets disproportionate to known source of income of accused - Conviction, held,..........
Criminal Procedure Code, 1973, Section 389, Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, Section 16(1)(a) -- Councilor - Disqualification - Sentence of imprisonment - Held, embargo of S.16(1)(a) of the Act of 1965, in respect of disqualification for becoming councilor, is on count of conviction and sentence of imprisonment to a..........
Indian Penal Code, 1860, Section 307, Criminal Procedure Code, 1973, Section 320 -- Offence u/s 307 IPC - Parties compromised - Offence u/s 307 IPC not compoundable - Offence which is not compoundable cannot be allowed to be compounded even if there is any settlement between the parties - However, settlement can be taken into consideration for determining the quantum of..........
Electricity Act, 2003, Section 136, 138, 151 -- Theft of electricity - Accused convicted and sentenced to one month RI and a fine of Rs.500/- - Offence was committed nearly 10 years back - Appellant already undergone 13 days sentence as against one months imprisonment awarded to him - Sentence reduced to already undergone...........
Indian Penal Code, 1860, Section 399, 402 -- Dacoity - Preparation to commit - Sentence - Accused convicted and sentenced to 5 years R.I. - Held, sentence was somewhat harsh - Sentenced reduced to 3 years R.I...........
Indian Penal Code, 1860, Section 379, 328 -- Theft - Occurrence of the year 1992 - Accused had no criminal antecedent prior to the incident - Nothing to show that accused committed any crime after the incident - Sentence u/s 328 IPC reduced from five years to three years RI...........
Criminal Procedure Code, 1973, Section 386(e) -- High Court in exercise of its power u/s 386(e) of the Code is competent to enhance the sentence suo motu after giving opportunity of hearing to the accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused facing trial and already undergone sentence for 2 years and 8 months - Parties cooperated with trial Court - Bail granted to accused subject to conditions imposed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence - Compensation was awarded to the tune of Rs.1,65.000/- while cheque amount was Rs.1,14,500/-, i.e.,Rs.50,000/- was added to for the reason, however, not mentioned at all - Held, petitioner should be given an opportunity of being heard only on the point of amount of compensation...........
