Indian Penal Code, 1860, Section 411, Evidence Act, 1872, Section 27 -- Offence u/s 411 IPC - Disclosure statement - Recovery of money, jewellery etc. - Independent seizure witnesses who were allegedly present during seizure/recovery of stolen articles from the house of accused `M' having turned hostile and not supported prosecution case - Standalone evidence of I.O on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, Arms Act, 1959, Section 25, 27, 3 -- Bail - Murder - Accusations against accused are not prima-facie wholly false, frivolous or vexatious in nature, so as to justify grant of bail - Prosecution has brought on record adequate material that would prima-facie point towards the guilt of..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1)(A), 27(2) -- Murder - Gunshot injury - Testimony of sole eye witness/PW3 is not free from embellishments, nor is corroborated by any other evidence - Auto rickshaw driver who took deceased to hospital has not been examined in Court - Prosecution is not able to link weapon with accused - There was no..........
Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii) -- Offence u/ss 18(c), 27(b)(ii) of the Act - Possession simpliciter would not itself be an offence but prosecution had to prove essential ingredient u/s 27 of the Act that even a `stock' of medicine was for sale...........
Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii) -- When small quantity of medicine has been found in the premises of a registered medical practitioner, it would not amount to selling their medicines across the counter in an open shop...........
Criminal Procedure Code, 1973, Section 197, Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii), Drugs and Cosmetics Rules, 1945, Rule 123 -- Sanction for prosecution - Offence u/ss 18(c), 27(b)(ii) of the Act - Sanction for prosecution prima facie appears to be suffering from vice of non-application of mind - There is no reference to any of documents, evidence or..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of clothes and weapon - Trial Court disbelieved the recovery on two grounds that there was no memorandum statement of accused as required u/s 27 of Evidence Act and recovery of knife was from an open place accessible to one and all - Approach adopted by trial..........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of dead body of deceased - No confessional statement of A-3 was recorded u/s 27 of the Act with regard to recovery of dead body - Prosecution thus, failed to prove the circumstance that dead body of deceased was recovered at the instance..........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of spade at the instance of A-1 - Recovery effected from a place which was already known and not exclusively within knowledge of A-1 - Recovery is not reliable - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 307, 186, 353, 120B, 121, 121A, 216, 201, 420, 471, 474, 34, Arms Act, 1959, Section 25, 27, 54, Explosive Substances Act, 1908, Section 4, 5 -- Murder - Death sentence - Review - Involvement of accused in the crime is proved on record - Even, disclosure statement was held to have been proved by Courts below - Nothing on record which..........
