Evidence Act, 1872, Section 3 -- Recovery of blood stained clothes - Reliability - Blood stained clothes which were recoved at instance of appellant were not sealed on spot - No importance can be given to C.A. report...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Recovery of 29.500 kg poppy husk - Merely because accused was seen standing on the spot and co-accused had run away from the spot which ultimately stood acquitted, knowledge of conscious possession of poppy husk cannot be put to accused for recording his conviction for a serious offence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Recovery of 29.500 kg poppy husk - It is for the prosecution to prove that samples were intact and were not tampered with by anybody or were put in a sealed and proper condition - Benefit of doubt in the absence of such evidence would go to accused and not to prosecution - Trial Court committed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 100 gms smack - Secret information - Search and seizure - Notice u/s 50 of NDPS Act duly served to accused, as contents of notice were explained to accused before conducting search - Testimony of official witnesses as to conducting of raid and apprehension of accused is trustworthy and their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 100 gms smack - Reduction of sentence - Accused already undergone about 3 years 7 months and 25 days incarceration for possessing 100 gms of smack - He was arrested in 1999 and as per sentence awarded, he would have completed 10 years in the year 2009, if he remained confined in jail for said..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - If earlier suit was filed only for recovery of possession of immovable property with no claim made for relief of mesne profits, second suit for recovery of mesne profits for the period subsequent to the filing of suit for recovery of possession may be instituted - Bar U.O.2.R.2 CPC not applicable to..........
Stamp Act, 1899, Section 33A -- Recovery of deficit stamp duty - Limitation - Sub-Registrar not entitled to commence enquiry u/s.33-A after expiry of 3 years from date of registration of instrument - In the present case, no enquiry was conducted within period of 3 years by giving notice to petitioner - Moreover, straightaway order was passed by calling petitioner to pay..........
Indian Penal Code, 1860, Section 304PartI -- Offence u/s 304(Part I) - Accused `A' contended that eye witnesses have not mentioned his name, thus he cannot be convicted - Contention rejected, as evidence of eye witness established that presence of two accused in beginning and accused `A' joined the two other accused - Presence of accused `A' as spoken by PW6 is..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of weapon and severed cut head of deceased - Not corroborated by seizure list of witnesses - Recorded version of statement made by accused which led to recovery was not produced by prosecution - There was even no evidence to show as to which particular article was recovered at whose..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of 21 kg ganja - Non-compliance of S.42 of the Act - Search made at a public place - Ganja recovered and seized from bag carried on a bicycle - Provision of S.43 would apply and not S.42 of the Act - There is thus, no requirement for compliance with provision of S.42 of the Act...........
