Criminal Procedure Code, 1973, Section 161 -- Statement given by an accused to police u/s 161 Cr.P.C. is not admissible as evidence...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of husband - Compensation - Claim of compensation by wife on account of love and affection as well as on account of spousal consortium for wife and parental consortium for the children - Compensation under head on account of loss of love and affection is not permissible but compensation on account of spousal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, Evidence Act, 1872, Section 27 -- Confessional statement of accused - Not admissible in evidence against a co-accused - However, confessional statement made by an accused in custody of police which leads to discovery of a fact is admissible in evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 29, 37 -- Recovery of 32 kg 960 gms charas - Order of framing of charge - Accused implicated on basis of confessional statement of a co-accused which is not admissible in evidence - He is owner of truck - Statement of co-accused to the extent it relates to recovery of charas that had been concealed inside..........
Criminal Procedure Code, 1973, Section 439, 161 -- Bail - Relevancy of statements u/s 161 Cr.P.C. at the time of grant of bail - Statements u/s 161 Cr.P.C may not be admissible in evidence, but are relevant in considering prima facie case against an accused in an application for grant of bail in case of grave offence...........
Evidence Act, 1872, Section 26 -- Confession - Recorded before Executive Magistrate - Not admissible as same ought to have been recorded before Judicial Magistrate...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Call detail record and tower location record - Furnishing of details at the stage of framing of charges - Question as regards framing of charges has to be considered mainly on the basis of documents collected by police during course of investigation - However, accused has to build up his defence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2600 bottles of Codeine Phosphate - Bail - Recovery effected from the house of co-accused which fall under the category of commercial quantity - Petitioner roped in the crime on basis of confession of co-accused, which is not admissible - Prima..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Original a public document - It is certified copy of such a document and not photocopy of it which is admissible as secondary evidence...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - In some circumstances, evidence of deceased wife with respect to cruelty could be admissible in a trial for a charge u/s 498-A IPC, even if accused stands acquitted of charge relating to death of deceased - There are certain necessary pre-conditons that must be met before the evidence is..........
