Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 1 kg 250 gms charas - Logbook entries not tally with Daily diary entries - Log book entries cannot be relied upon to discard prosecution version, particularly when DW2, himself explained that entries made by him were incorrect, as he did not maintain logbook as per actual events and time -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 46 kgs Ganja (cannabis) - I.O. made arrest or seizure but failed to make a full report of the same to his immediate superior officer within 48 hours - There is thus, no, compliance of S.57 of the Act - Even though S.57 of the Act is not mandatory but official conducting search and seizure..........
Evidence Act, 1872, Section 106 -- Proof of fact within personal knowledge of a person - Burden of establishing the facts which are within the personal knowledge of a particular person is cast on the person concerned and if he fails to establish or explain those facts, an adverse inference should be drawn against him...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Money decree - Arrest and detention of JD - Willful evading of payment by JD - DH contended that JD willfully and deliberately evading payment even though he is possessed of sufficient means to satisfy decree, as he is running a business - However, JD stated that said business is being run by his wife and not..........
Evidence Act, 1872, Section 114 -- Adverse inference - Failure of defendants to enter into witness box and offer themselves for cross-examination by other party results into an adverse inference being drawn against defendants by Court, more particularly when there is no other evidence available on record to prove issue in question and additionally when plaintiff duly..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Wife admittedly taking care of not only her two biological daughters but also younger daughter of husband from his previous marriage - Husband concealed his income and expenditure for purposes of avoiding to pay any maintenance to daughters - Prima facie evidence on record shows that..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Report of Local Commissioner as to raising some construction by defendant - Plaintiff did not enter witness box - However, his brother who is co-sharer in the suit land entered the witness box claimed to be in possession of suit land but did not depose about defendant having raised the construction over the..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Juvenile - Murder case - Report of Probation Officer is on record and there is nothing adverse in report on basis of which an adverse inference may be drawn against him - Case of prosecution is based on circumstantial evidence - There is no direct evidence and nobody has seen juvenile..........
Indian Penal Code, 1860, Section 302 -- Murder - Absence of DNA evidence - Does not lead to adverse inference against party, especially in presence of other cogent and reliable evidence on record in favour of such party...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 1 kg Alprazolam powder - Non-examination of independent witnesses - Summons were issued to independent witnesses but their attendance not secured in course of trial - No adverse inference can be drawn against prosecution case for no, examination of independent witnesses...........
