Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 50, Criminal Procedure Code, 1973, Section 100(4) -- Recovery of contraband - Search and seizure - Non joining of independent witnesses - Search and seizure vitiated as Seizure Officer gave lame and feeble excuses for not associating two independent and respectable persons of the locality...........
Criminal Procedure Code, 1973, Section 100(4) -- Search - Non joining of independent witnesses - There was no dearth of independent witnesses despite that no effort was made to join them in the proceedings - House was not in exclusive possession of accused, but as per version of prosecution itself it belonged to sister of accused - However, neither the name of the sister..........
Narcotic Drugs and Psychotropic Substance Act, 1985, Section 50, Criminal Procedure Code, 1973, Section 100 -- Smack - Recovery of 1 Kg. - Recovery made under supervision of SHO but search was made by a Constable - Held, on a conjoint reading of S.50 of NDPS Act and S.100 Cr.P.C. there is no requirement that the authorized person has to personally search the offender...........
Criminal Procedure Code, 1973, Section 439, 100(4), Indian Penal Code, 1860, Section 302, 304 -- Murder - Conviction - Appeal - Suspension of sentence - Applicant has already undergone six years three months and five days of imprisonment and his behaviour is satisfactory - There is no other case pending against him - Petitioner belongs to a lower strata of society - Appeal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 35, 54, Criminal Procedure Code, 1973, Section 100 -- Opium - Recovery of 111 Kg. from dickey of car in which two accused were travelling - Independent witness not joined at the time of effecting alleged recovery - Held, merely non joining of independent witness will not render the statements of prosecution..........
Criminal Procedure Code, 1973, Section 100 -- Independent witnesses - Joining of - Recovery of weapon of offence - Knife recovered during investigation - No public witness joined by police before effecting recovery - Held, immaterial - Common man is reluctant to join such raiding parties organized by the police, lest they are compelled to attend police station and courts..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, 100 -- Issuance of search warrant - Quashing of - Respondent withdrew his earlier application for search warrant of his wife who was allegedly wrongly confined to prevent her from making marital relations with him - He later allegedly abducted her, who after her recovery gave statement regarding abduction and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), Criminal Procedure Code, 1973, Section 100 -- Recovery of 9.440 grams heroin - Recovery effected in pursuance of prior information - Investigator went to scene of occurrence without any witness - Efforts made to join independent witnesses but they refused - No action taken against persons who..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 100(4) -- Recovery of charas - Independent witnesses - Names of persons who did not join even after asking for joining not disclosed - No action taken against such persons - No real and sincere effort made to join independent witness - It is imperative for IO to join an..........
Evidence Act, 1872, Section 27, Criminal Procedure Code, 1973, Section 100(4), 100(5) -- Material discovered pursuant to the facts deposed by the accused in police custody - Reliability - Depends on facts of each case - If discovery is otherwise reliable, its evidentiary value is not diluted just by reason of non compliance with the provision of S.100(4) or S.100(5) of the..........
