Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 50 -- Recovery of 22700 intoxicant tablets and 33 bottles of Rexcof - Appeal against conviction - Accused acquitted due to following reasons: (i) Accused falsely implicated by police, as he lodged a complaint under NDPS Act against some police officials; (ii) no, compliance of mandatory provision of S.50 of..........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 302 -- Statement of DW1 an eye witness - Murder case - DW1 made an all out effort to save accused rather than stating truth - He denied having affixed his thumb impression on any memo pertaining to taking into possession blood stained soil, mattress, khes by police which bears his thumb impression along with..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of blood stained `Kandhala' - Murder case - Weapon of offence got recovered from disclosure statement of accused - Prosecution examine both official witnesses who have stated consistently as regards factum of accused having made disclosure statement and having led police..........
Criminal Procedure Code, 1973, Section 193 -- Summoning of additional accused - Sister of deceased who first reached place of occurrence did not name either of petitioners as an assailant - Even injured and independent witness not named the petitioners - Prosecution not gave any such evidence which convinced Court to record a satisfaction of existence of prima facie..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summons case - Magistrate failed to record statement of accused u/s 313 Cr.P.C again after examining third witness and after hearing parties proceeded to convict and sentence accused - Mandatory provision is thus, not complied with - Appellate Court rightly set aside conviction and sentence of accused -..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Adoption - Adoptee/defendant taken a specific plea that parties are governed by customary law and his adoptive father was competent to take him in adoption in accordance with law - Said plea was never controverted - Plaintiff failed to utter a single word regarding adoption when he appeared as his own witness -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 435 gms charas - Weighment of contraband - Prosecution demonstrate that recovered contraband was weighted with Government electronic weighing machine - But the same was not available in police station on the relevant day - Conflicting statements of PWs regarding weighment of recovered charas -..........
Indian Penal Code, 1860, Section 307, 149, Arms Act, 1969, Section 27, Evidence Act, 1872, Section 3 -- Attempt to murder - Appreciation of evidence - Presence of injured witness on spot of incident not denied by accused - Accused failed to explain injuries sustained by injured witnesses - Recovery of weapon proved on record - Moreover, reliable and consistent testimony of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 101 kg poppy straw - Truthfulness of independent witness - Merely because independent witness is not a resident of locality, does not make him doubtful, particularly, when incident had taken place on National Highway and likelihood of people residing in and around said Highway is remote, and he..........
Will -- Execution - Proof - Marginal witness of Will not examined by plaintiff to prove veracity and authenticity of Will - Plaintiff thus, failed to prove execution of Will in his favour - Will held, discarded...........
