Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(b), 2(b) -- Parole - Hardcore prisoner - Entitled to go on parole for temporary period of 96 hours while in police custody...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Evidence Act, 1872, Section 154 -- Recovery of 4 kg 400 gms charas - Hostile witness - Recovery effected from bag kept beneath three seater bench of bus - Independent witness supported prosecution case, whereas, PW3 (conductor of bus) desisted from lending support to entire prosecution case - However, PW3..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 4 kg 400 gms charas - Search and seizure - Identification of possessor of bag - Recovery effected from bag kept beneath three seater bench of bus - However, it was not sure as to whom that bag belonged - There is material contradiction with regard to identity of possessor of bag in which..........
Indian Penal Code, 1860, Section 302, 364 -- Murder of son by father - Circumstantial evidence - Accused committed murder of child/deceased by throwing him into canal, as he suspecting chastity of his wife and was under the impression that two sons including the deceased were born out of extra-marital relationship of her wife with someone - Motive of crime thus, proved on..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging FIR - FIR lodged on next day of incident - After arrival of informant, police took note of situation and made preliminary enquiry testing veracity of allegations made in FIR and thereafter police lodged FIR - In this way police occasioned slight delay in lodging FIR, and said is not occasioned by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kg charas - Recovery effected from the bag - Personal search of both the accused was also carried out - Accused were informed that they have a right to be searched before gazetted officer or a Magistrate, to which they declined and gave their consent to be searched by police party - No reason..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, 52A(3) -- Recovery of 19 kgs poppy husk - No inventory prepared either by ASI or by SHO - Even provision of S.52-A(3) of the Act not followed, as after arrest of accused and on seizure of contraband, they were not produced before Magistrate for purpose of verification or obtaining any order from Magistrate..........
Indian Penal Code, 1860, Section 399, 402 -- Preparation of dacoity - Accused acquitted u/s 27 of Arms Act - If charge under Arms Act not proved against accused then how can it be said that accused were preparing for committing dacoity with those arms and ammunitions - Even otherwise, recovery memo shows that there is no signature or thumb mark of accused on it - Copy of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Lodging false complaints by wife against her i, laws which resulted in police investigations held to be acts of cruelty - Divorce rightly granted to husband...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Contradictory statement of witnesses as to aspects of happening of incident, taking victim to the hospital, presence of PW1 at the time of alleged incident, detaining accused from bus stand or from his mother-i, law's house, recovery of material objects from possession of accused and lodging of..........
