Criminal Procedure Code, 1973, Section 100, Evidence Act, 1872, Section 27 -- Search and Seizure - Independent Witness - Non joining - Discovery of fact - Absence of independent witnesses in search and seizure not always fatal - Closer scrutiny of evidence is what is required...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25A, 67, 37, Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - 67.160 kg of Ephedrine seized from godown of petitioner - Statutory return prior to 1.4.2004 not submitted - Summons u/s 67 of the Act issued for producing documents in respect of enquiry made in connection with alleged trafficking..........
Criminal Procedure Code, 1973, Section 103, 165 -- Search and seizure - Evidence obtained under illegal search is not completely excluded unless it has caused serious prejudice to the accused...........
Criminal Procedure Code, 1973, Section 197 -- Appellant alongwith some other BSF personnel alleged to have come to respondent's shop and demanded Rs.10,000/- as illegal gratification and on refusal to pay, they entered into the shop, ransacked the shop and illegally took away some commodities - Appellant's case that on basis of a notification they were authorized to..........
Criminal Procedure Code, 1973, Section 451, 457, 482 -- Supurdagi - Offence under NDPS Act - Seizure of vehicle - Provisions of NDPS Act are not inconsistent with provisions of Sections 451 and 457 Cr.P.C. - Vehicle ordered to be given on supurdagi to its registered owner, on usual conditions...........
Criminal Procedure Code, 1973, Section 457 -- Bank accounts - Seizure of such accounts and direction to stop their operation - Bank operation allowed with a direction that petitioner will not withdraw the amounts lying in deposit till the date of their seizure which shall be kept in term deposit...........
Evidence Act, 1872, Section 27, 114, Indian Penal Code, 1860, Section 300, Criminal Procedure Code, 1973, Section 100(5), 161, 162 -- Murder - Discovery of weapon alleged to have been used to commit crime - Discovery made as consequence of statement made by accused person in police custody - Seizure Panch who had signed seizure memo turning hostile - No ground to discard..........
Criminal Procedure Code, 1973, Section 452, 457, 321 -- Seizure of property - Articles seized by police during investigation - Disposal of articles where prosecution is withdrawn - In the instant case articles alleged to have been stolen are valuable items and some of them are antiques, value of which was not assessed by any competent person - Moreover, admittedly, there..........
Criminal Procedure Code, 1973, Section 452, Indian Penal Code, 1860, Section 405, 406 -- Revolver deposited with arms dealer who unauthorisedly sold the same to third party - Proceedings for criminal breach of trust instituted - Seizure of revolver from third party - Death of arms dealer during pendency of trial and consequent abatement of criminal proceedings - Held, on..........
Criminal Procedure Code, 1973, Section 457, 310 -- Seizure of building or immovable property for preserving evidence for future local inspection for the purpose of appreciating evidence - Endeavour of the trial court should always be to conclude the trial as expeditiously as possible so that local inspection is made as early as possible in order to avoid the property being..........
