Evidence Act, 1872, Section 3 -- Recovery of blood stained iron pipe - Not sufficient to connect accused with the crime as it is not a substantive piece of evidence in itself unless the same is corroborated with other evidence - Presence of `O' blood group on the iron pipe will not by itself establish guilt of accused unless same is connected with the murder of deceased by..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Involvement of accused `D' in crime proved on record, particularly on account of recovery of weapon from his house, which was used to assault deceased - No explanation given by accused for the same except claiming to be innocent - Medical evidence does indicate that two injuries fatal and each of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 8(c), 20(b)(ii)(A), 29, 37 -- Bail - Recovery of charas, ganja and LSD stamps - Certified copies of arrest memo shows search and seizure doubtful - Arrest memo of accused reveals that they were arrested at 3.30 pm - Accused arrested 15 minutes prior to issuance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 795 parvon spas capsules - Non-joining of independent witnesses - PW3 stated that they had been patrolling near Canal Road and many people were moving on that road - Many civilians were present, however, none of them was called by SHO or Police incharge - There was thus, ample opportunity for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 795 parvon spas capsules - Search and seizure - FSL form not prepared and filled on the spot - Samples though sealed on the spot but no evidence as to whether same got resealed from Executive Magistrate - No evidence on record that till the samples were sent to FSL for examination, these..........
Registration Act, 1908, Section 49 -- U, registered sale deed - Collateral purpose - U, registered sale deed cannot be received in evidence for want of registration and its terms cannot be used to prove delivery of possession also, as suit itself is filed for recovery of possession - Moreover, possession and its delivery are a primary purpose and not a collateral purpose...........
Prevention of Corruption Act, 1988, Section 13(2), Evidence Act, 1872, Section 3 -- Illegal gratification - Appreciation of evidence - At the first instance, accused `Rakesh' was not charge-sheeted u/s 13(2) PC Act, therefore, he cannot be convicted for the same - Even, recovery of Rs.34,86,600/- from the house of his wife cannot be attributed to him - Moreover, said money..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 260 Kg Ganja - Contradictory statements as to place of recovery - PW13 stated that thirteen bags of Ganja were found at upstairs of house without stating that it was stored in a room - PW11, ASI, stated that during search thirteen bags were found on the floor of the first room of the..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Offence u/s 21 NDPS Act - Recovery of 250 gram of Diphenoxylate and 10 grams of heroin - Considering period of incarceration already suffered by petitioner, bail held, granted...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61 -- Bail - Offence u/ss 15, 61 NDPS Act - Recovery of 35 kgs of poppy husk - Petitioner undergone 5 months and 12 days of custody - As per custody certificate there was another case u/s 15 NDPS Act which was pending against him with regard to 10 kg of poppy husk..........
