Punjab Excise Act, 1913, Section 61(1)(a) - - Illicit liquor - Conscious possession - Proof - Recovery of illicit liquor below cotton sticks loaded in trolley - Petitioners were neither owner nor driver of tractor - No independent witness examined - No effort made to find out as to who had distilled illicit liquor and from where it was brought and to where it was being..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 20 kgs of Poppy husk - Independent witnesses - Not examined being won over - Not fatal to prosecution case - Fate of case cannot be left to the whims and fancies of the independent witness associated with the case - Court has to examine the evidence on record to decide the case...........
Indian Penal Code, 1860, Section 302,34 -- Murder case - Accused allegedly killed deceased with kappa, lathi and gohta (heavy stick) - Deceased was having illicit relation with wife of one of accused - Independent witness not examined and minor contradictions found in medical evidence and ocular version - Accused also failed to explain how injuries came to be found on body..........
Indian Penal Code, 1860, Section 420,468 -- Fraud - Loan advanced - Hand writing expert evidence - Loan advanced in favour of fictitious person - No repayment - Accused Bank Officer putting his own signature advancing loan - Specimen signature and writings collected in presence of witness - Independent witness not examined - Mere seizure not sufficient to prove documents -..........
Indian Penal Code, 1860, Section 323, 307, 302 r, w S.149 -- Accused allegedly caused death of two persons and gave injuries to other two by assaulting them with means of kulharis and lathis - Name of witness who was examined to prove origin of fight not mentioned in FIR - Statement of witnesses beset with manipulations and modulations - Independent and important witness..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 52 -- Seal after use given to ASI and not to independent witness - Seal remained with the police official for 10-15 days who was not examined as a witness - Possibility that before sample was sent it was changed or tampered with cannot be ruled out...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 52 -- Poppy straw - Recovery of - Case property and sample sealed but seal was not given to independent witness but remained with one ASI for 10-15 days, who was not examined - Accused was produced before Illaqa Magistrate, but the case property and sample not produced - No mention of sample seal in report..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1kg of opium from the accused - Sample sent to CFSL after eight days - CFSL form number 29 not filled at the spot - No explanation for non examination of sole independent witness - Head constable allegedly remained in possession of sample till its dispatch for analysis not examined - Suspicion..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 154 -- Poppy husk - Recovery of 10 Kgs. by police party on patrol duty - Accused acquitted on the following grounds : (i) Sole independent witness though allegedly won over was not examined and thus there was no occasion to confront the independent witness with his earlier..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 1.5 kg from accused - Non examination of two independent witnesses as they were claimed to be hostile - No fact or circumstance for drawing this inference pointed out especially when both of them were not examined and even when their examination-in-chief was not conducted - This fact..........
