Showing : 1-10 of 29 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c), Criminal Procedure Code, 1973, Section 100(4)-- Recovery of charas - Non-compliance of S.100(4) Cr.P.C - Second independent witness was present on the date to depose but examined on another date on objection from defence side - Witness did not appear subsequently as won over by accused - No material on record to conclude that witness was..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Criminal Procedure Code, 1973, Section 100-- Search - If it is not possible to take accused to nearest Gazetted Officer or Magistrate, due to possibility of person to be searched parting with possession of contraband, apprehending officer may proceed to search person of accused by following procedure laid down u/S.100 Cr.P.C...........
CHATTISGARH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304(Part II), Criminal Procedure Code, 1973, Section 100-- Offence u/s 304(Part II) IPC - Plea of self defence - Accused were the aggressors - Plea of self defence therefore not available to aggressors - Moreover, three persons were injured and one succumbed while only accused no.1 suffered minor injuries - Plea of self defence rejected - Accused..........
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..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 100(4)-- Search - Independent witness - A witness always accompanying the police as witness is not a respectable independent witness as stated u/s 100(4) Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 100(4)-- Poppy husk - Recovery of four bags - Non joining of independent witnesses - Recovery from house - As per S.100(4) Cr.P.C. it was mandatory for raiding party to associate two or more independent and respectable inhabitants of the locality where search was to be conducted - Many persons were..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 100(4)-- House search - At the time of house search two or more persons must be joined from same locality - Non compliance of mandatory provision of S.100(4) Cr.P.C. - It is fatal to the prosecution case...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 50, Criminal Procedure Code, 1973, Section 100(4)-- Recovery of contraband - Search and seizure - Non joining of independent witnesses - Search and seizure vitiated as Seizure Officer gave lame and feeble excuses for not associating two independent and respectable persons of the locality...........
DELHI HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 100(4)-- Search - Non joining of independent witnesses - There was no dearth of independent witnesses despite that no effort was made to join them in the proceedings - House was not in exclusive possession of accused, but as per version of prosecution itself it belonged to sister of accused - However,..........
DELHI HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 100-- Independent witnesses - Joining of - Recovery of weapon of offence - Knife recovered during investigation - No public witness joined by police before effecting recovery - Held, immaterial - Common man is reluctant to join such raiding parties organized by the police, lest they are compelled to..........

Showing : 1-10 of 29 Results