Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40 kgs poppy husk from scooter - Search conducted before DSP - Rule of prudence demands that there should be some corroboration through independent witnesses but if independent witness though joined by prosecution, should be given up as having been won over by accused, would not be fatal for..........
Arms Act, 1959, Section 25, 54, 59 -- Alleged Pistol along with two live cartridges were recovered from possession of accused - Non Sending of live cartridges to Armour makes prosecution case doubtful - When pistol was produced in court it was not bearing the seal which was put by Armour - Even Armour did not fire a shot from this pistol in order to know as to if it was in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 2 kgs of opium - Conscious possession of accused fully established on record which was corroborated by testimonies of official witnesses - Merely on the fact that independent witness was not examined by prosecution as he was won over by accused, is not fatal to prosecution case as he admitted..........
Indian Penal Code, 1860, Section 323, 324, 325, 326, 504, 506 -- Voluntarily causing hurt and grievous hurt - Accused assaulted injured persons with lathis fitted with farsa - FIR lodged after 2-1/2 days and no explanation given for such delay - I.O not stated in his evidence that injuries sustained by injured were caused by accused persons - Infact injured had received..........
Will -- Suspicious circumstances - (i) Will found from amongst the documents belonging to the testator after his death; (ii) No witness, a relative or an independent person, examined to prove the said factum; (iii) it does not appeal to a prudent mind that testator executed a Will long before his death i.e. almost six years prior to his death but he did not mention about..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 4.250 kg charas - Non joining of any independent witness - A shopkeeper was called from his house to bring scale and weights, he should have been associated as an independent witness at the time of recovery and seizure of contraband - Constable who had taken rukka to police station and got FIR..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Seal after use handed over to independent witness - Independent witness not examined being won over - Very authenticity of raid and contraband so recovered from accused becomes highly doubtful as there is no other independent corroboration to the version put forth by prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 42 -- Recovery of 63 Kg. of Ganja being transported illegally - Search and seizure - No material on record which proves that appellants were informed of their right under the Act to be searched in presence of Magistrate - After seizure suit case and bed roll not locked and seal not put to samples..........
Indian Penal Code, 1860, Section 354 -- Outraging the modesty of woman - Complainant alleges that accused outraging her modesty on two occasions by embracing her and kissing her when she was in her office chamber - Delay of four months in lodging FIR, not properly explained - Co-worker of complainant who included in charge sheet as a witness not examined on behalf of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Search & seizure - Prosecution failed to connect accused with the alleged recovery of contraband - Prosecution has not explained at all in what manner conspiracy was hatched between two accused - Independent witness not examined by prosecution - Version of police that independent..........
