Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Link evidence - Delay of 6 days in sending sample to laboratory - Delay not explained - Prosecution did not led any evidence that it was not tampered with - Fatal to prosecution case as the possibility of tampering with the same not ruled out...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 20 -- Recovery of charas - Non compliance of Section 55 of the Act - Effect of - Case property not produced before area Magistrate - No explanation for the same - Breach of Section 55 fatal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 500 gms. - Non joining of independent witnesses - Efforts made by investigating party to join independent witnesses at the time of recovery, but none was willing - By itself not fatal to prosecution case - Evidence of police officers has to be evaluated after taking due care and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Link Evidence - Delay of 4 days in sending samples to laboratory - Samples intact when reached at Laboratory - Official to whom samples entrusted also examined - Link Evidence complete - Held, delay of 4 days in sending samples is not fatal...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - No evidence of administering poison - Cramps on body due to fit of epilepsy - Delay in lodging FIR fatal - Circumstantial evidence weak as it not forming a chain - No evidence of cruelty - Acquittal sustained...........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - No strong motive - However, accused had knowledge that his act may even cause death - Incidentally gun shots did not injure victim at any of his vital organs - Minor discrepancies not fatal to prosecution case when statement of eye witnesses not doubtful - Statement of accused u/s 313 Cr.P.C. to some extent in..........
Motor Vehicles Act, 1988, Section 166, 168 -- Fatal motor accident - Award of compensation - Part of the compensation deposited in FD - Part paid in cash to the petitioner - Encashment of FD - Held, can be released if need is genuine...........
Motor Vehicles Act, 1988, Section 163A -- Fatal Motor accident - Petition under Section 163-A - Maintainability - Income of the deceased aged 40 years was Rs.2, 16, 000/- per annum - Held, petition not maintainable - Section 163-A is applicable where income is Rs.40, 000/- per annum or less...........
Motor Vehicles Act, 1988, Section 166, 173 -- Fatal motor accident - Claimant's widow and minor children - Compensation awarded to the tune Rs.13.12 lacs - Enhancement sought - Enhancement disallowed as claimant's were receiving benefits of family pension...........
Motor Vehicles Act, 1988, Section 166, 173 -- Fatal motor accident - Assessment of compensation - Deceased was running a tea stall - His income assessed as Rs.5, 000/- by the Tribunal - Held, this income from running a tea stall at Bus Stand is not inflated - Multiplier of 15 applied as deceased was aged 40 years - Multiplier cannot be said to be on the higher side...........
