Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of crop of green poppy - Bail - Petitioner was already behind bar at the time of recovery of said crop - Ownership of land in question is also being disputed and yet to be proved during trial - Factum of whether petitioner was behind sowing of said..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Place of occurrence - Site plan was prepared in the absence of independent witness - Place of occurrence was already known to police - Hence, there is no fact discovered in consequence of information given u/s 27 of Evidence Act and site plan thus, cannot be read..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - No evidence on record to show that accused was last seen with deceased - S.106 of Evidence Act is not applicable to facts of case - It cannot be said that accused failed to explain as to what happened after he was last seen together specially when there is no..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Information leading to discovery is admissible and not any opinion formed on it by prosecution...........
Evidence Act, 1872, Section 106 -- Burden of proof - When initial burden of proving the case as alleged beyond all reasonable doubt is discharged by prosecution, then only it is for accused u/s 106 of the Act to explain how injuries are caused...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child born on account of rape committed by defendant with mother of child - Mere rejection of earlier application of DNA test filed by defendant in summary proceedings u/s 125 Cr.P.C, has no bearing in civil suit for declaration filed by child, wherein child herself is asking for determination of parentage..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Child not born out of wedlock and therefore she is carrying stigma of an unwanted child born on account of rape committed by defendant with mother of child - Therefore, determination of paternity by DNA profiling shall not cause any adverse impact upon her status, rather it would be in her interest to know..........
Indian Penal Code, 1860, Section 302, 307, 120B -- Murder - Role played by four co-accused (A-28, A-19, A-4,5) showed in CCTV cameras which were stored in hard disk and reproduced as exhibits duly accompanied by requisite certificate u/s 65-B of Evidence Act - Some of images definitely showed that they were having firearms in their possession - Sequence of events..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 43 -- Recovery of 1 kg 490 gms charas - No evidence on record that accused was made aware of his right before Magistrate or Gazetted Officer - There is thus, non-compliance of S.50 r/w S.43 of the Act - Accused rightly acquitted...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that cancellation of gift deed is not legal - Wife was not party to cancellation of gift deed executed by husband - She is thus, not bound by such deed - Wife sought both declaration of title over property and cancellation of cancellation deed - Limitation is applicable u/art 58 of the Act which..........
