Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Recovery of smack - Non-joining of independent witness - Independent witnesses available but not joined - It is imperative for police official to associate independent witnesses since they were readily available - Accused acquitted...........
Indian Penal Code, 1860, Section 302 -- Murder of six persons out of seven family members - Testimony of eye witness - PW5 was also thrown into canal by accused along with deceased persons - However, PW5 survived and came out of canal with the help of an iron bar in canal - Accused was last seen together with three deceased persons and thereafter they were not seen alive..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 4 kg opium - Search and seizure - There is unexplained delay of 8 months in presenting case property before CJM - Even case property was presented in the absence of accused - There is no evidence that in the intervening period it was kept intact and seals were not tampered - Even, there is no..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused and deceased were living in rented accommodation, where dead body of deceased was found - He was seen going out after locking the room and room locked for 3 days - Accused made disclosure statement before police and room was opened by accused by taking keys from his pocket in presence of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Dispute regarding supply of water - All PWs are interested witnesses being members of same family living in front of family of accused having their civil dispute pending for a long time - FIR was registered at the instance of accused against complainant party and that is why complainant party tried to..........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased suffered as many as 67 injuries most of which were incised wounds caused by sharp weapon like sword - Medical evidence shows that deceased died due to multiple injuries and shock as a result of multiple fractures described in post mortem report - Participation of accused in giving fist blow and continuing assault is..........
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..........
Identification of Prisoners Act, 1920, Section 4, 5 -- Finger prints evidence - Finger prints of accused were obtained without a magisterial order - Absence of magisterial order casts doubts on credibility of fingerprint evidence, especially with respect to packing and sealing of tumblers on which fingerprints were allegedly found, particularly when attesting witnesses..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Bail - Offence u/ss 21, 22 NDPS Act - Recovery of 40 grams of heroine and 250 grams of intoxicant powder - All witnesses are official witnesses and there is no possibility that petitioner may tamper with evidence or influence witnesses - Moreover, no..........
Indian Penal Code, 1860, Section 392, 397, 353, 336, 506(ii), 34 -- Robbery - Testimony of official witnesses - Presence of official witnesses not proved at the spot for the simple reason that Note book maintained by police was not filed nor corroborated by independent witnesses - Serious material contradictions found in the evidence of official witnesses - More so, no..........
