Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kg 500 gms poppy straw - Search and seizure - Case property was never deposited in malkhana along with form No.29, rather same remained with SHO for which no entry was made in register - No such register was produced in Court - Seal of SHO not found on case property - Link evidence not..........
Indian Penal Code, 1860, Section 376(2)(g) -- Rape - False implication - Due to enmity between family members of prosecutrix and accused - Not acceptable that prosecutrix will level an imaginary charge against accused for having raped her...........
Indian Penal Code, 1860, Section 325, 452 -- Offence u/ss 325, 452 IPC - False implication - Occurrence duly proved on the basis of statement of injured and eye-witness account - Ocular version duly supported and corroborated by medical evidence, apart from statements of remaining PWs who had completed the investigation of case - Plea of false implication rejected -..........
Indian Penal Code, 1860, Section 376(2)(g), Evidence Act, 1872, Section 3 -- Gang rape of minor girl - Appreciation of evidence - As per younger sister of prosecutrix accused entered house, forcibly dragged prosecutrix out and committed gang rape on her as at the time of occurrence prosecutrix was alone at home with her younger sister - Younger sister of prosecutrix..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 6.318 kg heroine - Joining of independent public witness - Not mere formality - It is vital safeguard to avoid false implication of individual...........
Railways Property (Unlawful Possession) Act, 1966, Section 3(a), Evidence Act, 1872, Section 3 -- Theft of railway property - Appreciation of evidence - Evidence of PWs.is consistent, corroborative and categorical with respect to incriminating materials recovered from possession of petitioner - Even, false implication of petitioner is ruled out - Moreover, failure to..........
Indian Penal Code, 1860, Section 307, 120B, 506 -- Attempt to murder - Criminal conspiracy - Conspiracy hatched in public place as per PWs, as they overheard accused to kill complainant and his family - However, it is a matter of common sense that conspiracy is always hatched in secrecy, even though assumed that PWs heard accused hatching a conspiracy, they should have..........
Indian Penal Code, 1860, Section 302, 307, 120B -- Nature of offence - Murder or accident - Collusion of truck and jeep on right side and occupants of truck fled away from the spot - Photographs on record shows that tyre marks on the spot which indicated that brakes were applied to avoid accident - False implication due to previous enmity was a plausible view - None of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- False implication - Infringes right under Article 21 of the Constitution of India - It needs to be examined whether a nodal agency can be constituted to supervise investigation pursuant to an FIR to ensure that no innocent citizen is involved in a false case under NDPS Act - Matter may be examined by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18(b) -- Recovery of 1 kg Opium - False implication - Accused raised defence that he was having some dispute with police official, who got him falsely implicated in this case - However, there is nothing on record to show that PWs were having enmity against accused and are interested in his false implication -..........
