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..........
Evidence Act, 1872, Section 65 -- Secondary evidence - When original is in possession or power of person against whom document is sought to be proved and person concerned does not produce, in such a case secondary evidence would be admissible...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1)(1B), Evidence Act, 1872, Section 6 -- Murder - Conviction - Pronouncement that appellant was standing with a gun and his firing the gun at victim, are all circumstances so intertwined with each other by proximity of time and space so that the statement of the deceased became part of the same transaction -..........
Criminal Procedure Code, 1973, Section 293 -- FSL Report - Not admissible in evidence unless it is tendered in evidence and exhibited - However, in view of provision of S.293 Cr.P.C, it can be used as evidence without its formal proof...........
Evidence Act, 1872, Section 74(1)(iii) -- Sanction order - It is a public document - Certified copy thereof is admissible in evidence...........
Evidence Act, 1872, Section 3 -- Related witness - When witnesses are related persons, although their testimony is admissible and form basis of conviction of accused, testimony of interested witness has to be examined with extra care and caution...........
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..........
