Indian Penal Code, 1860, Section 328, 354B, 385 -- Offence u/ss 328, 354-B, 385 IPC - Framing of charge - Allegations made by victim against accused are specific and she has assigned role to accused - Veracity of her statement could only be tested during course of her cross-examination - Accused and victim were known to each other prior to incident and thus, whether..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C is a discretionary and extraordinary power which should be exercised sparingly and only in those cases where circumstances of case so warrant and crucial test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29 -- Anticipatory bail - Recovery of 150 kg poppy husk - Petitioner arraigned as accused on the basis of disclosure statement of main accused from whose possession recovery effected - There is no other evidence collected against petitioner - Merely because police..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 600 gms Charas - Testimony of official witnesses - Spot position as shown in spot map has remained unrebutted - Minor discrepancies as to place of exact recovery can be ignored - PW7 and PW8 have materially corroborated each other - Recovery of contraband was also proved by statements of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 600 gms Charas - Search and seizure - Necessary procedure as required under the Act has also been found to be adopted - NCB form was partially filled on the spot by I.O - Recovered contraband in sealed packet was produced before SHO who after satisfying himself resealed the same - Nothing..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Imposition of cost on accused as a condition precedent for exercising right u/s 311 Cr.P.C, itself is improper and unjust...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Conscious possession - Presumption u/s 54 of the Act - Available only when possession by accused is proved beyond reasonable doubt...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27B, 8 -- Contraband - Seizure of contraband not effected either during personal search or search of Flat where accused resides - Prosecution would only be a waste exercise - Proceedings qua petitioner quashed...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Accused misusing his liberty by indulging in similar kind of criminal activity, which is a continuing offence - It is attack on rule of law - Bail cancelled...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Once it has been established and proved by prosecution that all accused came at the place of incident with a common intention to kill deceased and as such they shared common intention, in that case it is immaterial whether any of accused who shared the common intention had used any weapon or not and/or..........
