Evidence Act, 1872, Section 27 -- Disclosure statement - Basic premise of S.27 of the Act is to only partially lift the ban against admissibility of inculpatory statements made before police - If a fact is actually discovered in consequence of information received from accused, such condition would afford some guarantee...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging FIR - Incident occurred in mid night at 11.30 P.M - FIR lodged at 4.15 A.M - Distance between place of occurrence and police station 4 kms - Delay occurred in lodging FIR is natural one, as it is not expected that family members in such a situation in the night hours would go immediately to police station..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 52 kg poppy husk - Search and seizure - PW3 stated that after preparing joint consent memo, he effected recovery and by preparing sample and bulk parcels, he sealed them and then prepared a sample chit - Recovered contraband was taken in possession vide recovery memo and thereafter..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 313 -- Recovery of 52 kg poppy husk - Search and seizure - Non-deposit of sample in judicial malkhana - Sample was never deposited in judicial malkhana and remained in possession of I.O itself for a period of 2 days before it was sent to FSL - In absence of seal of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25 kg poppy husk - Search and seizure - Perusal of recovery memo, site plan, consent memo etc. shows that column of FIR No. was kept blank and was later on filled up - This fact creates no suspicion about prosecution case and reflects that FIR no. was filled up only after official who took ruqa..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25 kg poppy husk - Non-joining of independent witness - Police party on the date of incident was on routine patrolling and accused encountered all of a sudden and was apprehended on basis of suspicion of bag carried by him smeared with poppy husk - I.O. was having no chance to join independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25 kg poppy husk - Testimony of official witness - Accused examined DW1 in his defence, who stated that police has come to house of accused but nothing incriminating was recovered on search and accused was taken by them - Testimony of DW1 inspires no confidence as after incident, this witness..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 3, 113B -- Dowry death - Deceased died unnatural death within 7 years of her marriage - Cause of death was consumption of poison - Dead body of deceased recovered from canal - But there is no witness who has either seen deceased consuming poison or dead body of deceased being thrown by accused in canal -..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Complaint against police personnels - Allegation of beating and hurling abuse levelled against petitioners - There is no requirement of sanction u/s 197 Cr.P.C, as act of petitioners does not come within the purview of discharge of official duty - Petition for quashing of proceedings dismissed...........
Criminal Procedure Code, 1973, Section 228, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 25 -- Framing of charge - Unauthorized use of premise for manufacturing psychotropic substances - Legality of order - At time of framing of charge, Court is obliged to pursue material on record regarding prima facie case against accused - In the instant case,..........
