Whether bias was caused by complainant also being the investigating officer?
Whether alternate version has been established and what is the effect of lack of independent witnesses?
Whether High Court erred in reversing acquittal in appeal?
(A) What is the scope and essence of the High Court’s appellate jurisdiction against a judgment of acquittal?
(B) What is the extent of reliance upon a document with which the other side was not confronted with during cross-examination?
C) Whether non-examination of independent witnesses vitiates the prosecution case?
In a case where the informant himself is the investigator, by that itself cannot be said that the investigation is vitiated on the ground of bias or the like factor.-Case overruled: Mohan Lal v. State of Punjab (2018) 17 SCC 627 [Complainant can not be Investigator]
The Narcotic Drugs and Psychotropic Substances Act, 1985, provide for stringent provisions for offences related to drug abuse and trafficking. Despite the fact that major offences under the aforesaid Act are non-bailable, it has been observed that in several cases the drug offenders secure acquittal on technical grounds.
NDPS-This Court in Gurbax Singh vs. State of Haryana (2001) 3 SCC 28 held that these provisions are not mandatory provisions and they are only directory. In the present case, we do not find any serious violation of these provisions. The prosecution adduced evidence to prove that these provisions have been substantially complied with and the Sessions Judge discussed these matters in detail and accepted the prosecution case.
Commercial quantity, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette
All offences under this Act which are punishable with imprisonment for a term of more than three years shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the Government;
Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this Act, the Court may, in addition to such factors as it may deem fit, take into account the following factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine
31-A. Death penalty for certain offences after previous conviction . (1) Notwithstanding anything contained in section 31, if any person who has been convicted of the commission of, or attempt to commit, […]
The presumption against the accused of culpability under Section 35, and under Section 54 of the Act to explain possession satisfactorily, are rebuttable. It does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.
Affidavit of a witness with regard to the facts in issue cannot be treated as a statement of the deponent before the Court. Hence, such affidavit cannot be treated as ‘evidence’ under […]
NDPS-Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985-where Court imposes a punishment higher than minimum relying on an irrelevant factor and no other factor as enumerated in Section 32B(a to f) are present award of sentence higher than minimum can be interfered with.
A parallel may be drawn between the provisions of Section 67 of the NDPS Act and Sections 107 and 108 of the Customs Act and to a large extent Section 32 of […]
PRAJESH SHANTILAL VAGHANI Vs. THE INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU AND ANOTHER BOMBAY
September 05, 2018: Section 42 OF NDPS ACT-An empowered officer under Section 42(1) is obligated to reduce to writing the information received by him, only when an offence punishable under the Act has been committed in any building, conveyance or an enclosed place, or when a document or an article is concealed in a building, conveyance or an enclosed place. Compliance with Section 42, including recording of information received by the empowered officer, is not mandatory, when an offence punishable under the Act was not committed in a building, conveyance or an enclosed place. Section 43 is attracted in situations where the seizure and arrest are conducted in a public place, which includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public-CONVICTION UPHELD.
AIR 2009 SC 3214 : (2009) 12 SCR 611 : JT 2009 (11) SC 516 : (2009) 10 SCALE 659 : (2009) CriLJ SC 4123 (SUPREME COURT OF INDIA) Sarju alias Ramu […]
SUPREME COURT OF INDIA Sukhdev Singh Vs. State of Haryana [Criminal Appeal No. 2118 of 2008] If the information was received when the police officer was in the police station with sufficient […]
36. Constitution of Special Courts— (1)The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary […]
KEYWORDS:-PAROLE-NDPS DATE:-12-10-2000 Parole did not amount to the suspension, remission or commutation of sentences which could be withheld under the garb of S. 32-A of the Act. AIR 2000 SC 3203 : […]
KEYWORDS:-NDPS- DATE-April 27, 2018 “Since the non-compliance of the mandatory procedure prescribed under Section 50 of the NDPS Act is fatal to the prosecution case and, in this case, we have found […]
Germany amending Criminal Code to fix liability for operating online trading platforms - The Internet has made the exchange of goods and services easier in many ways. Trading platforms are accessible around the clock from almost anywhere in the world. They offer convenient and attractive options for customers, dealers and operators. However, there are not only platforms with legitimate offers, but also platforms on which prohibited items and services are traded. Such criminal platforms in the form of forums or marketplaces play an increasingly central role in certain areas of crime.
Indian PM Modi’s opening remarks at 12th BRICS Summit-17/11/2020 - Both credibility and effectiveness of global governance institutions are being questioned. The main reason for this is that these did not change with time. These are still rooted in the thinking and reality of a world which was seen 75 years ago. India believes that reforms are a must in the UN Security Council. We expect support from our BRICS partners in this matter. Apart from the UN, many other international institutions are also not functioning according to current realities. Institutions like WTO, IMF, WHO must also reform.
Draft Space Based Communication Policy of India – 2020 - Spacecom Policy – 2020 No.C.19013/48/2012-Sec.3 (Vol.III) Government of India Department of Space *** Antariksh Bhavan, New BEL Road, Bengaluru. DATE: October 15, 2020 Subject: Spacecom Policy – 2020 and Spacecom NGP-2020 – […]
Wagaru Dhammath of Burma-King Wareru of Pegu Dynasty-1300 CE - When this universe had reached the period of firmly established continuancy, the original inhabitants of this world conjointly entreated the great king Mahasammata to become their ruler; the pouring of water (abhisekam) which inaugurated his reign took place beneath the Udumbara tree. King Mahasammata governed the world with righteousness. Now the king had a wise nobleman called Manu, who was well versed in the law. This nobleman Manu, desiring the good of all men, and being also opportuned by King Mahasammata, rose into the expanse of heaven, and having arrived at the boundary wall of the world, he there saw (this lawbook written in) letters of the size of a full-grown cow ; he committed them to memory and, having returned, communicated the same to King Mahasammata
A Promised Land by Barack Obama - I wanted to offer readers a sense of what it’s like to be the president of the United States; I wanted to pull the curtain back a bit and remind people that, for all its power and pomp, the presidency is still just a job and our federal government is a human enterprise like any other, and the men and women who work in the White House experience the same daily mix of satisfaction, disappointment, office friction, screw-ups, and small triumphs as the rest of their fellow citizens.
Fundamental rights and duties-Constitution of China - No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion.
