Showing : 131-140 of 409 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 108 packets of Poppy husk - Non-examination of independent witness - Mere no, examination of independent witness by itself not a ground to discard testimonies of official witnesses, if those are found to be trustworthy and credible - But at the same time, where independent witness is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 108 packets of Poppy husk - Non-examination of independent witness - Admission of I.O with respect to difference of signatures of independent witness on different memos and he being a convenient person to police, clubbed with his no, production in witness box by prosecution, renders..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 108 packets of Poppy husk - Appeal against conviction - Accused acquitted viz. : (i) Independent witness not examined; (ii) consent memos have been fabricated later on just to complete the paper work; (iii) documents have not been prepared in the manner projected by prosecution, which..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20-- Recovery of 3 kgs charas - Appeal against conviction - Non-joining of independent witnesses - Rule of prudence demands that there should be some corroboration through independent source of statements of official witnesses but there is no rule that evidence of police officials cannot be accepted..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c)-- Recovery of 15 bags of poppy husk - Non-examination of independent witness - Independent witness though joined in the raid but not examined in Court as he had been won over - Mere no, examination of independent witness does not affect prosecution case...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 364, 379, 302.149, 201, 411-- Abduction and murder of seven persons - Theft of 700 sheeps - Nothing incriminating recovered from possession of five accused persons - No independent witness supported prosecution case - Only evidence against these accused persons was either their own confession or confession of co-accused, which..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 377-- Unnatural offence - Non-examination of independent witness - There is no requirement of independent witnesses to be examined in each case - Testimonies of witnesses of facts supported with medical evidence are sufficient to be taken into consideration independently for the simple reason that no..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 100(4)-- Recovery of 5 bags of poppy husk - Non-joining of independent witness - House in question raided on secret information, but no public person or neighbour called at the time of house search, which is mandatory as per S.100(4) Cr.P.C. - Non compliance of S.100(4) Cr.P.C., is fatal to prosecution..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 302, 307, 147, 148, 149-- Triple murder case - Non-examination of independent witnesses - Three murders committed simultaneously one after another - It appears natural that people of village might have been terrified and they could not gather the courage to be a witness of incident - This conduct appears to be natural -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Recovery of 2 kg charas - Independent witness PW4 not supported prosecution case - No ground to discredit or discard the testimonies of official witnesses, particularly when accused has not alleged or proved any ill will or motive on their part to falsely implicate him...........

Showing : 131-140 of 409 Results