Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29 -- Recovery of 1025 kgs Ganja - Non-joining of independent witnesses - Recovery was made at night and due to pandemic prevalent at that time and seclusion, no public witness could be secured - Moreover, evidence of a public officer cannot be thrown on the ground that he is a police officer -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 465, 467, 468, 471 -- Bail - Offence u/ss 406, 420, 465, 467, 468, 471 IPC - Complainant alleged that petitioner showed him original letter of intent from GMADA in his favour and therefore he entered into agreement to sell, paid earnest money - FIR registered by petitioner against said..........
Indian Penal Code, 1860, Section 363, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 5(j)(iv), 6(1), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Kidnapping and murder - Penetrative sexual assault on 7 years old girl - Circumstantial evidence - Last seen theory - Accused was arrested based on..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Merely because there is some confusion regarding time of recording police statement and dying declaration Ex.P5, it cannot be said that it goes to root of prosecution case - Neither police statement nor said dying declaration can be discarded on account of minor..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Fitness certificate - Doctor had given the fitness certificate after examining the injured - Whether fitness certificate was written in the duty room or it was written in the ward itself, would not make much difference - More so, doctor and Naib Tehsildar are..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 9 -- Murder - Plea of alibi - Accused pleaded that he had gone for doing labour work at the time of incident - However, accused has not examined any witness in his defence - Except bald statement of hostile witness/PW3, nothing on record to suggest that at the time of incident, accused was not present on the..........
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 19, Rule 3 -- Temporary injunction - At the time of deciding an application U.O.39.Rr.1, 2 CPC, summoning a witness for cross-examination is not permissible in view of what has been contained in O.19.R.3 CPC...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 8A, 20(b), 21, 22, 27A, 27B, 28, 29, Criminal Procedure Code, 1973, Section 439(2) -- Drug trafficking - Cancellation of bail - Prima facie there is no substantial material available with prosecution at the time of arrest to connect accused with allegations levelled against them in drug trafficking except..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred admittedly during night time - It is the deceased who went nearer and accused were not stationing themselves waiting for his arrival - Eye witness/PW6 improved his case on many occasions - Testimony given by PW6 on dying declaration, a case inserted by him in his supplementary..........
Indian Penal Code, 1860, Section 34 -- Common intention - Incident occurred admittedly during night time - No evidence on record that A-3 and A-4 were aware of fact that A-1 was having a gun with him - Evidence of eye witness/PW13 who spoke about common intention on the part of accused on previous night to do away with deceased, did not find favour with Courts - Evidence..........
