Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b) -- Illegal cultivation of ganja crop - No description in recovery memo as to how much sacks were used for keeping recovered material and how much quantity of sample was taken out from recovered ganja - Specification of weight of each sack is altogether missing - No independent witness joined though..........
Evidence Act, 1872, Section 134 -- Number of witnesses - Law does not say to prove any fact with evidence of number of witnesses - A fact may be proved by statement of solitary witness - Non-examination of all fact witnesses held, not fatal to prosecution case...........
Indian Penal Code, 1860, Section 302 -- Murder - Contradiction in statement of PWs as to actual time of reaching at place of occurrence - Incident is of year 2009, witnesses have been examined in the years 2011 and 2012 - There is thus, chance of error of memory due to lapse of time or due to mental ability of witness concerned - Moreover, contradictions elicited on behalf..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 52 kg poppy husk - Non-joining of independent witness - Place of recovery is petrol pump, a public place - However, no independent witness was joined - Though mere no, joining of independent witness is not fatal to prosecution version under NDPS Act - But in peculiar circumstances of case, when..........
Evidence Act, 1872, Section 138 -- Cross-examination - Irrelevant question or question not intended to contradict or qualify statements in examinatio, i, chief or which do not impeach credit of a witness, cannot be allowed in cross-examination...........
Criminal Procedure Code, 1973, Section 311 -- Expression `essential to just decision of case' used in S.311 Cr.P.C are key words - Court is to form an opinion that for just decision of case recalling or re-examination of witness is necessary...........
Criminal Procedure Code, 1973, Section 311 -- Recall of Investigating Officer (I.O) - Application dismissed on the ground that I.O. already cross-examined at length by defence - No bona fide has been shown in the application - Only on the ground that witness turned hostile because of pressure upon him, application is moved at fag end of trial - Purpose appears only to..........
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 - Non-examination of Sarpanch - Sarpanch to whom intimation of arrest of accused was given, was not eye witness of occurrence, as such his examination could not have improved prosecution case in any manner...........
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..........
