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Anonymous   06 April 2011 at 15:42

NDPS ACT

I am appearing for the accused in a narcotic case and it is posted for final hearing.
Facts of the case is as follows :
Please guide me .
Offence u/s 20 (b) NDPS ACT.
ALLEGATION :-
Accused was found carrying 36 gms of ganja, in a plastic carry bag and he was arrested in a public place, on a casual search by the excice officials. ( no prior information).
Prosecution has examined 5 witnesses, and marked 6 documents.
Pw1 and pw4 - arresting officers
Pw2 and pw3- independent witnesses, ( not supported prosecution story ) but they were cross-examined by the prosecutor, without declaring hostile. is it permissible ?
Pw5 – investigation officer
Documents :-
P1 – seizure mahassr
P2 –arrest memo
P3-consent letter u/s 50 ndps by accused , to be searched by the arresting officers themselves( stating that there is no need of magistrate or gazette officers)
P4-occurance rport
P5-property list
P6-chemical analysis report
P7-inspection memo
M.O WAS NOT PRODUCED BEFORE THE COURT, NOR MARKED.
BUT, THE PROPERTY LIST SHOWS THAT IT WAS SENT TO THE COURT, AND THE COURT HAS RECEIVED IT ON THE SAME DAY…..WHETHER ACCUSED IS ENTITLED TO THE BENEFIT IN THIS REGARD ?
Grounds, I believe worth noting are :-
NO M.O WAS MARKED
INDEPENDENT WITNESSES ARE NOT OF THE LOCALITY
INDEPENDENT WITNESSES, NOT SUPPORTED THE PROSECUTION STORY
NO ENDORCEMENT IN THE ARREST MEMO , THAT ARREST OF THE ACCUSED WAS INFORMED TO HIS RELATIVES, BUT IT IS THERE IN THE P7 INSPECTION MEMO
PW 1 AND 4 SAYS THAT THERE IS NO COLUMN IN P2 FOR THAT. THAT’S WHY A SPECIAL P7 WAS PREPARED. BUT, AS PER DK BASU V/S UNION OF INDIA, IS IT NOT MANDATORY, TO INCLUDE IT , IN THE ARREST MEMO , ITSELF ?
NO REPORT U/S 57 IS MARKED. BUT SIMPLY STATED IN THE MAHASSAR THAT AFTER COMPLYING SEC 57, PROPERTY AND MAHASSAR WERE SENT TO COURT. IS IT SUFFICIENT ?
NO FOREWARDING NOTE WAS MARKED.BUT, ANALYST REPORT IS MARKED . IS IT SUFFICIENT ?
I am told that in NDPS CASES, there a lot of citations that before conducting search of an accused. The arresting officers has to offer their personal search to the accused, to avoid implanting of contraband articles.please give me any one of such citations .
Accused has signed in p3 consent letter. But, but p2 arrest memo bears accused “s thumb impression , not signature ! its legal consequence ?
Is sec 50 mandatory in cases or consent letter from accused , while in custody is sufficient ?
Ref : 2002(2)KLT 211 (SC)
PLEASE GIVE MAXIMUM CITATIONS FOR THE ABOVE GROUNDS .
RESPECTFULLY,

Anonymous   06 April 2011 at 15:33

registration with the concerned authorities


I want to know the various registration required concerned with the labour and industrial dept./laws for a new company and the prescribed forms and documents required for each.

Anonymous   06 April 2011 at 15:31

Probation



9. Whether Ruchika death case raises any reason for reconsideration of the though that even respectable family background can be a good ground for giving benefit or probation ?

Anonymous   06 April 2011 at 15:28

Letters of Administration V/S Succession Certificate


Dear Sirs,
what is the difference between Letters of Administration & Succession Certificate. Preferably, please explain me at lenght and with examples.
Regards

Anonymous   06 April 2011 at 15:26

death cum gratuity ceiling and 6 pay commission


certain retired employees of a corporation seek the enhanced ceiling limit of Rs 3.5 lac to Rs 10 lac as prescribed in the 6 pay commission . these employees are covered under central dearness allowance(CDA)
. some employees of the same corporation who are covered under induatrial deraness allowance(IDA) have been given the benefit of the above mentioned ceiling . it is said that for the IDA pattern no amendment is required in the Payment of Gratuity Act while for the CDA pattern an amendment is necessary. Correspondence was exchanged between the employees , the ministry and the PMO but in vain. Is there a case law to support the case of the CDA governred employees saying that the act of the corporation Article 14 of the Constitution of India ?

Anonymous   06 April 2011 at 15:24

Holidays/Leaves in Public and Private sector


Hello,

I need to know regarding the holidays that both public and private companies compulsorily need to afford to their employees as per law, and the consequences or other benefits such as double pay or compensatory pay in case they fail to give these leaves.


Also if you can through some light as to how many and which are the national holidays and are private employers and MNCs under obligation to provide the same?

Anonymous   06 April 2011 at 15:23

legal position of trust i n developing open space


trust has got the rights to develop the garden in open space of layout within corporation area, ulternatively the trust is allowed to construct a meditation hall in the same garden. what is the legal position of a trust as far as owenrship is concerned. or the future problems may arise in smooth use of meitation hall?

Anonymous   06 April 2011 at 15:22

Commodity Exchange of India Ltd


Is anybody is aware abt Commodity Exchange of India.

A public listed company into manufacturing business wants to apply for the membership of Commodity Exchange of Inida. Can it do so. If so what compliances are required to be fullfilled.Few compliances come in my mind alike.


1. The activity of sale and purchase in commodity should be included in the main object or the company should get the main object altered.

2. The may also require to inform the stock exchange about its new line of business.
3. Approval of the Board of directors

If anybody is aware abt the concept and compliances involed pls share your knowlede.

Anonymous   06 April 2011 at 15:21

PSS Act


Dear Sir/Madam,

My colleague has received a summon from Metropolitan court under PSS Act due to ecs failure. Please advice on the proceedings on the above act and how can it affect him.

Thanks

Anonymous   06 April 2011 at 15:20

Petition



What is a leave petition filed by a company. When and why does a company file it.