Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Difference in weighment of sample - Merely because at the time of trial it was found that some bags were cut from various places due to mice bites, case of prosecution does not get affected in any manner...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Difference in weighment of sample - Case property was kept in respective bags - PW3 clearly states about bags containing `leaves, flowers and small twigs' - FSL report clearly shows that what was recovered was ganja - Some of bags that were produced before trial Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Defence of accused was one of complete denial of presence at the site - Accused stated that he was picked up from his house and not from scene of crime - It was therefore, not the case of accused that he was merely a passenger of Three Seater Rickshaw (TSR) and was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Search and seizure - Non-joining of independent witness - Merely because independent public witness did not join investigation, prosecution case cannot be doubted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 285 kgs ganja - Search and seizure - Merely not informing concerned Police Station of area and failure to test material recovered through equipment but by only smell, cannot in any manner affect the prosecution case which is otherwise duly proved through testimonies of witnesses who..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Conviction - Circumstantial evidence - Fact that dead body of deceased was recovered at instance of confessional statement of appellant, is not by itself sufficient to establish the guilt of appellant - Specifically when appellant has denied u/s 313 Cr.P.C. of making of any confessional statement and recovery of dead..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Recovery of 10 kg poppy husk - Accused claiming parity with already acquitted co-accused - Case of accused is on identical footing with co-accused - It was co-accused who was driving vehicle in which contraband was carried, whereas accused was sitting in cabin - Entire evidence against accused as well..........
Indian Penal Code, 1860, Section 302 -- Murder of father - Circumstantial evidence - Benefit of doubt - Death caused by cutting of throat - Case of prosecution that there was a fight over property not convincing - No attempt made by police to associate any member of public to the arrest of appellant - Recovery of knife at instance of appellant is unbelievable - Testimony..........
Indian Penal Code, 1860, Section 302, 397, Evidence Act, 1872, Section 3 -- Murder - Dacoity - Recovery of two bundles of currency notes of Rs.100/- at the instance of appellant from his house - Circumstantial evidence - Benefit of doubt - Recovery of currency bundles not proved by prosecution as being entrusted to deceased on date of incident - Prosecution witnesses..........
Arms Act, 1959, Section 25(1B)(a) -- Recovery of country made pistol loaded with live cartridges and two other live cartridges - Not a case of accused that he has a licence for possession of country made pistol - Possession of country made pistol without licence is punishable u/s 25(1B)(a) of the Act - Sentence modified to the period already undergone which is 1-1/2 years...........
