Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 3 gms heroine - Anomaly in weight of seized articles in between Malkhana register, seizure list, FIR and report of analyst - Not explained by prosecution - Delay in sending article for chemical examination also not explained by prosecution - More so, complainant himself acting as I.O violating..........
Prevention of Corruption Act, 1988, Section 13(2), Criminal Procedure Code, 1973, Section 173 -- Offence u/s 13(2) of the Act - Final report quashed on the following grounds: (i) exact nature of alleged misconduct not mentioned in the final report; (ii) persons who procured employment through commission for misconduct by public servants are also particeps criminis, not..........
Criminal Procedure Code, 1973, Section 173 -- Cognizance of offence - Final report - At the time of taking cognizance u/s 190(1)(b) Cr.P.C., Court ought to have applied its mind in the final report - In case of shortcomings, Court is not powerless to order a further investigation, if required or correction or clarification in the final report, if required...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report by drawing conclusion that no offence is made out and that accused had been falsely implicated - Clearly shows wiping out earlier investigation altogether - S.173(8) cannot be pressed in aid for collecting fresh evidence in the garb of further investigation, which really can be..........
Criminal Procedure Code, 1973, Section 174, 154 -- Inquiry - Investigation on an inquiry u/s 174 Cr.P.C. is distinct from investigation u/s 154 Cr.P.C. relating to commission of a cognizable offence - Since there was no FIR registered nor any report u/s 173 Cr.P.C. was submitted, challenge to FIR lodged after closing of case on earlier enquiry conducted u/s 174 Cr.P.C...........
Criminal Procedure Code, 1973, Section 155(2) -- Investigation - Non-cognizable case - Once a police officer takes up investigation of a no, cognizable case, after getting due orders, investigation which he holds becomes an investigation under Chapter XII of Cr.P.C. and he becomes vested with all powers bestowed on him under that Chapter including power to file a final..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of advocate commissioner - Is substantive evidence in a suit, where advocate commissioner is appointed to inspect the spot and to make investigation together with evidence enclosed therewith - Rejection of Commissioner's report in toto by saying that he was not examined as a witness is contrary to legal principle..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for completing investigation - Special Court is authorized to extend period of completion of investigation upto one year subject to filing of report of public prosecutor indicating progress of investigation and specifying special reasons for seeking further extension beyond period of..........
Constitution of India, 1950, Article 21 -- Autopsy report/postmortem report - Claim for copies or information regarding autopsy or postmortem report by relatives of victim - No person has the right in public domain to ask for copies or information regarding contents of autopsy reports particularly when investigation is in progress and final report of police has not reached..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 498A, 323, 34 -- Quashing of proceedings - Compromise - Offence u/ss 498-A, 323, 34 IPC - Out of Court settlement executed inter se parties - Complainant is residing with her husband co-accused as of today - Moreover, investigation is complete and report of investigation already filed before..........
