Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - In the instant case, accused issued 3 cheques to purchase vehicle from complainant - Out of 3 cheques only 1 cheque was honourned by making cash payment and other 2 cheques were dishonoured - As per accused, he has made cash payment of other 2..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Confiscation of vehicle - Recovery of 5 kg heroin from car driven by accused - Car liable to be confiscated u/s 63 of the Act - No interference warranted in the impugned order of confiscation...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(B) -- Recovery of 2.5 kg contraband substance (bhukki) - Conscious possessio, Search and seizure - Testimony of official witnesses - Contradictions in the testimony of police witnesses with regard to weight of sample taken on the spot and one analyzed in the laboratory - There is also a difference in timings..........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Fatal accident - Three persons died and many others injured - - Eye witnesses of occurrence travelling in offending vehicle stated in one voice that accident occurred due to negligence of accused as he was trying to overtake another vehicle and lost control over the same, which ultimately..........
Indian Penal Code, 1860, Section 304A, 279, 337, 338, Probation of Offenders Act, 1958, Section 4 -- Rash and negligent driving - Fatal accident - Benefit of probation - Where there is overwhelming evidence to suggest that vehicle was driven by accused in most rash and negligent manner, no leniency can be shown to accused - Benefit of probation not granted to accused -..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Fatal accident - Contributory negligence - Incident occurred when offending vehicle was passing through the barrier admittedly head of deceased was protruding out of body of vehicle, struck with the pole of barrier and he fell down and died - Statements given by PWs are not sufficient to prove that..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Offence u/s 304-A IPC - Medical negligence - Accused failed to provide official vehicle for shifting patient from primary Heath center to Hospital, whereas, he himself travelled in the vehicle for attending monthly meeting - It was an act or omission in discharge of official duty, as the accused..........
Criminal Procedure Code, 1973, Section 451 -- Superdari - Release of seized vehicle - Vehicle involved in offence under NDPS Act - Recovery of 60 kg poppy husk from the vehicle of accused - Accused is the owner of said vehicle - Trial not yet concluded and it is also to be determined that whether accused is guilty of offence or not - Detention of vehicle would not serve..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 175 kg poppy straw - Recovery effected from car which was lying in abandoned condition - Accused was implicated on basis of agreement of sale executed by original owner of car in favour of accused - However, there is no document..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 23(c), 25, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - 60 kgs ganja recovered from vehicle of accused - There is sufficient material on record to prima facie proceed against accused `D' and `B' as they are owner and driver of vehicle from where contraband is recovered -..........
