Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Recovery of 60 cakes and 110 capsules of Hashish - Search and seizure - Contraband recovered from accused while they were travelling in train - PWs 1 and 2 establish beyond doubt that DRI officials on fateful day went to railway station and upon boarding train had identified accused with..........
Indian Penal Code, 1860, Section 302, 148, 149 -- Murder - Prior enmity between parties - Mob assault by 13 persons - However, 2 accused were convicted - 11 injuries were found by deceased, which satisfied that it was the result of mob assault - Common material available against all accused on the testimony of PW1/sole eye witness - PW1/sister of deceased accompanied by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 1 Qtl. 20 kg chura poppy heads - Accused acquitted as : (i) Presence of DSP at the spot highly doubtful as this witness is not examined in Court and except for the recovery memo, he has not signed any other document; (ii) Presence of independent witness at the spot also doubtful; (iii)..........
Constitution of India, 1950, Article 226 -- Direction for CBI investigation - Death of person in custody of army - Deceased was allegedly picked up from the house of one person by army personnel at night - He was in custody of Army since time of his picking up by army till time of production of dead body and handing over the same to police in police station - Death of..........
Indian Penal Code, 1860, Section 364A -- Kidnapping of 5-6 years old boy for ransom - Last seen evidence - PW8 deposed that accused had come to his hotel with a child aged 5-6 years and requested for food to be served - PW9 also deposed having seen accused with child - Subsequently in the evening when he saw photograph of missing of child on television, he was able to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy straw - Recovery effected from car which was found struck in fields after having met with an accident with tractor - Material contradictions regarding quantity of contraband recovered from car - No recovery effected from possession of accused - `S' who is alleged to report an accident..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 23 -- Recovery of 1 kg 350 gms Charas - Non-joining of independent witness - Prior information - Search team was having prior information of contraband at 8 p.m - However, they reached the railway station at about 10 p.m - Railway station is at a distance of 10-15 minutes - Search team spent more than one..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle involved in NDPS case - No confiscation proceedings are pending qua vehicle in question and same is case property only - If vehicle remain parked in police station, same shall gather rust and shall not remain useful -..........
Indian Penal Code, 1860 -Cruelty - Major contradictions in the statements of father and brother of victim in respect of demand of dowry - Even in FIR lodged by PW1, it is not mentioned that victim was subjected to cruelty or harassment by accused for demand of dowry - Offence u/s 498-A IPC not made out against accused - Accused rightly acquitted. (Paras 18 & 19)
Indian..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Allegation that A-2 to A-4 poured kerosene oil on victim, as a result of which her saree was burnt - After getting information about incident, PW1 and brother of victim reached matrimonial home of victim and took her to police station to lodged FIR and thereafter victim was referred to Hospital - However,..........
